Iowa Admin. Code r. 641-98.4

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 641-98.4 - Application for a license to marry in Iowa

(1) The Application for a License to Marry in Iowa form is available from any county registrar. The applicants are the parties to be married.

(2) The application shall not be processed until all items on the double-sided application form, including the affidavit of a competent and disinterested person, have been completed. The affidavit shall be completed and signed in front of a notary public by an individual of legal age who is acquainted with both applicants who plan to marry. A family member may serve as the competent and disinterested person.

(3) Each applicant shall verify the personal information by notarized signature.

(4) If an applicant is 16 or 17 years of age, the Certificate of Consent of Underage Party to Marry form shall be completed in accordance with Iowa Code section 595.2(4) and shall be approved by a judge in the county's judicial district before the application for a marriage license may be accepted by the county registrar Persons 15 years of age or younger may not marry in Iowa.

(5) The Application for a License to Marry in Iowa form shall be signed in front of a notary public by both parties to be married and their competent and disinterested person. By signature, the applicants and their competent and disinterested person are attesting that the applicants are:

a. Eighteen years of age or older or, if either or both are 16 or 17 years of age, that they have provided a signed Certificate of Consent of Underage Party to Marry form;

b. Competent to enter into a civil contract pursuant to Iowa Code section 595.1 A;

c. Not legally married to each other and that neither is legally married to someone else who is living; and

d. Acknowledging that they have provided accurate information on the application form.

(6) An applicant is not required to be a U.S. citizen.

(7) The application for a license to marry in Iowa shall be submitted to the registrar in the county where the application and marriage certificate are to be filed. The marriage license is valid in any county in Iowa.

(8) A fee is due upon the submittal of a completed application for the license to marry pursuant to Iowa Code section 331.605(1) "g. "

(9) At the time of completion of the Application for a License to Marry in Iowa form, the applicants shall indicate the adoption of the legal name to be used after marriage pursuant to Iowa Code section 595.5(1). When the application is filed, the county registrar shall enter the legal name on the License to Marry in Iowa form and the original Certificate of Marriage form. Once the application is filed, any changes to the legal name to be adopted shall only be made prior to the marriage by reapplication and repayment of the application fee imless it can be proven that an obvious typographical error was made when the license or the certificate was prepared. An individual shall have only one legal name at any one time pursuant to Iowa Code section 595.5(2).

(10) The original certificate of marriage shall not later be modified to reflect a court-ordered legal change of name.

Iowa Admin. Code r. 641-98.4

ARC 0483C, lAB 12/12/12, effective 1/16/2013