Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding marriage in Oregon is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

Marriage is a binding contract between two people who agree to take each other as spouses. Whether people of the same sex may marry is under consideration in the courts. The marriage contract grants certain rights and imposes duties on both parties.

Who can marry in Oregon?
In Oregon, you must be 17 years old before you can marry. If you are under 18 years old, you must have the written consent of a parent or guardian before you can marry. Some exceptions apply if you have no parent or guardian living in Oregon.

People cannot get married if:
- They are first cousins, or any nearer of kin to each other
(unless they are first cousins by adoption only); or
- They already have a spouse.

May a marriage be annulled?
A marriage may be annulled, or set aside by the court, if at the time of the marriage:
- Either person was under legal age;
- Either person was mentally incapable of understanding what he or she was doing; or
- The consent of either person was obtained by force or fraud.

What about the marriage license?
In order to marry, you must apply for a license from the court clerk in the county courthouse. The county clerk may not issue a marriage license until three days after you file the application. This waiting period may be shortened by a court order.

Is a physical examination required?
No.

Is a Social Security number required?
Yes.

How long is the marriage license valid?
The license is valid for 60 days. If you wait longer to marry, you must apply for a new marriage license.

Who can perform the marriage?
The marriage may be performed by an Oregon judicial officer, county clerk, judge or justice of the peace anywhere within his or her jurisdiction, or by a minister, religious organization or congregation, authorized by the State of Oregon to do so.

What does the marriage ceremony have to include?
The only requirement in a marriage ceremony is that the people declare, in the presence of the minister or judicial officer performing the marriage and at least two witnesses, that they take each other as spouses.

Does marriage affect my last will and testament?
Marriage usually revokes an existing will, although there are exceptions. For example, a will written before the marriage may be valid if it was prepared with the marriage in mind. Marriage does not change the beneficiary of life insurance.

What is a prenuptial agreement?
Before marriage, people may sign an agreement that determines their rights and duties regarding their property and support obligations. The agreement becomes effective when the marriage takes place. It is enforceable if it does not violate public policy or the law. Both parties to a prenuptial agreement must fully understand the effect of the agreement, including the legal rights they may be giving up. You may wish to ask for the advice of a lawyer before signing a prenuptial agreement.

What about debts, liabilities and obligations?
Marriage does not make you or your spouse responsible for each other's debts or liabilities incurred before marriage. After marriage, family expenses, including the cost of the children's education, are the responsibility of both spouses, and creditors may sue you separately or together to collect these debts. Other than family expenses, neither you nor your spouse is responsible for the separate debts of the other. If you are separated from your spouse, neither spouse is responsible for the debts of the other incurred after separation, unless they are for support and education of your minor children. A creditor can try to collect unpaid bills from the person whose name is on the bill.

Does a married person under the age of 18 years have all of the legal rights and obligations of an adult?
Married persons under 18 years of age are considered to have reached the age of majority for most purposes. However, they still must abide by laws with age limits—such as liquor and cigarette laws and voting laws.

Can I keep my name after marriage?
Yes. You are not required to change your name when you marry. You can use your former name again, even if you did change it.

Is common law marriage valid in Oregon?
An informal or common law "marriage" is not valid if arranged in Oregon. However, if a couple marry at common law in a state that recognizes common law, and the couple meet the requirements of that law to be legally married, the marriage will be valid in Oregon.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.