SENATE, No. 931

STATE OF NEW JERSEY

INTRODUCED MARCH 14, 1996

By Senator INVERSO

An Act concerning marriage licenses and amending P.L.1980, c.128.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 3 of P.L.1980, c.128 (C.37:1-17.2) is amended to read as follows:

    3. Any marriage which has occurred or which may hereafter occur and which is not recorded with the State Registrar as required by this chapter, may be recorded by filing a delayed report with the State Registrar, documented by a copy of the application for the license. The delayed report shall contain an affidavit of the person performing the marriage or if he is deceased or not available, of one or both witnesses to the marriage ceremony confirming that the ceremony was performed and the date and place of the marriage.

    When it is impossible to secure the affidavit of the officiant or either of the witnesses, the affidavit may be made by a person who was present at the marriage ceremony, or the contracting parties, provided additional documentary evidence is presented.

    When it is impossible to secure a copy of the application for the license, the party seeking to file the delayed report shall submit documentation from the licensing officer which would demonstrate that the license application is not on file, and in addition shall submit documentary evidence which would demonstrate that the marriage ceremony was performed by or before any religious society, institution or organization as prescribed by law. The documentary evidence may consist of newspaper announcements of the marriage or any other evidence which would demonstrate that the marriage ceremony was performed.

    The State Registrar may require evidence of the correctness of the information in a delayed report and may refuse to accept a delayed report if the evidence is not submitted.

(cf: P.L.1980, c.128, s.3)

    2. This act shall take effect immediately.

STATEMENT

    Currently, parties seeking to record a delayed report of marriage must submit a copy of their marriage license application as evidence that a marriage occurred. However, in some cases, copies of the application for the license are not available.

    This bill provides that in those cases where it is impossible to secure a copy of the application for the license, the party seeking to record a delayed report would be able to do so by submitting documentation from the licensing officer which would demonstrate that the license application is not on file, and by submitting documentary evidence which would demonstrate that the marriage ceremony was performed by or before any religious society, institution or organization as prescribed by law. The documentary evidence could consist of newspaper announcements of the marriage or any other evidence which would demonstrate that the marriage ceremony was performed.

Provides for filing and recordation of delayed report of marriage under certain circumstances.