It is important 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.
What is marriage?
Marriage is a binding contract between a man and a woman who agree
to take each other as spouses. The marriage contract grants rights
and duties on both parties.
What is a domestic partnership?
As of January 2008, two people of the same gender and at least 18 years
of age, one of whom is an Oregon resident, can contract to be domestic
partners. Called a Declaration of Domestic Partnership, the document
is available at each county clerk’s office and requires a small
filing fee.
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. An exception applies if you have no
parent or guardian living in Oregon. You cannot marry a first cousin,
or anyone nearer of kin to you (unless they are your first cousin by
adoption).
May a marriage be annulled?
A marriage may be annulled, or set aside by the court as if it had
never occurred, if at the time of the marriage: either person was under
age; either person was incapable of understanding what he or she was
doing; or either person consented to the marriage but that consent
was obtained by force or fraud.
Do I need a marriage license?
In order to marry you must apply for a license from the county clerk’s
office, for a small fee. The county clerk will wait three days after
you file the application to issue the license. 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 do not marry within that time
frame you must apply for another marriage license.
Who can perform the marriage?
The marriage may be performed by an Oregon judicial officer, county
clerk or a clergyperson of any religious organization or congregation.
Use of a judicial officer may include an additional fee.
What does the marriage ceremony have to include?
In the marriage ceremony the man and woman declare to the person performing
the marriage, in front of two witnesses, that they agree to take each
other as husband and wife.
Do I file a document after the marriage ceremony?
If you used a clergyperson to conduct the marriage, that person must
sign the original marriage application form within 10 days of the ceremony,
and the application with the signature must be delivered to the same
county clerk’s office that issued the marriage license.
Does marriage affect my will?
Marriage revokes an existing will as to any provisions in favor of
your ex-spouse, with few exceptions. 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 any policy or account, so you must
make these changes with each institution, such as life insurance companies,
retirement plans, bank or investment accounts, using their forms.
What is a prenuptial agreement?
Before marriage people may sign an agreement that determines their
rights and duties regarding their property and support obligations
if they divorce. The agreement must be in writing. Both parties to
a prenuptial agreement must fully understand the effect of the agreement,
including the legal rights they may be giving up. You should ask the
advice of a lawyer before signing any prenuptial agreement.
What about debts?
Marriage does not make you or your spouse responsible for the debts
either of you incurred before marriage. After marriage debts related
to the family, including costs of children’s education, become
the responsibility of both spouses. Creditors may sue either or both
of you to collect these debts, and can collect unpaid bills from the
person whose name is on the bill.
Does a married person under 18 have the same legal rights and obligations
as an adult?
Married persons under 18 years of age are now considered to have reached
the age of majority for most purposes. However, they still must follow
other laws with age limits, such as liquor, cigarette and voting laws.
Can I keep my name after marriage?
You are not required to change your name when you marry. You may change
your last name to your spouse’s last name, hyphenate the two
last names, or change your middle name to your spouse’s last
name, all by filling out the marriage application documents. This will
be your legal name after marriage as well, unless you tell the court
otherwise.
Does Oregon have common law marriages?
A common law “marriage” is not valid in Oregon. However,
if a couple is from a state that acknowledges common law marriages
(currently 15 states do), and the couple meets the requirements of
common law marriage of that state, then the state of Oregon will acknowledge
the marriage of that state as valid in Oregon.
Legal editor: Melya Stylos, May 2008.