2018 Vermont Statutes
Title 18 - Health
Chapter 105 - Civil Marriage Records And Licenses
§ 5141 Proof of legal qualifications of parties; penalty
§ 5141. Proof of legal qualifications of parties; penalty
(a) Before issuing a civil marriage license to an applicant, the town clerk shall satisfy himself or herself by requiring affidavits or other proof that neither party to the intended marriage is prohibited from marrying by the laws of this State.
(b) A clerk who fails to comply with the provisions of this section or who issues a civil marriage license with knowledge that the parties, or either of them, have failed to comply with the requirements of the laws of this State or a person who having authority and having such knowledge solemnizes such a marriage shall be fined not more than $100.00.
(c) The affidavits herein referred to shall be in a form prescribed by the board and shall be attached to and filed with the civil marriage certificate in the office of the clerk of the town wherein the license was issued. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1971, No. 184 (Adj. Sess.), § 5, eff. March 29, 1972; 2009, No. 3, § 12a, eff. Sept. 1, 2009.)
[Section 5141 effective July 1, 2019; see also section 5141 effective until July 1, 2019 .]
§ 5141. Confirmation of legal qualifications of parties; penalty
(a) At a minimum, before issuing a civil marriage license to an applicant, the town clerk shall review the license application to confirm that:
(1) the information submitted therein does not facially indicate that the parties are prohibited from marrying by the laws of this State; and
(2) the parties have certified to the veracity of the information in the application.
(b) A clerk who fails to comply with the provisions of this section or who issues a civil marriage license with knowledge that the parties, or either of them, are prohibited from marrying or otherwise have failed to comply with the requirements of the laws of this State, or a person who having authority and having such knowledge solemnizes such a marriage, shall be fined not more than $100.00.
(c) [Repealed.] (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1971, No. 184 (Adj. Sess.), § 5, eff. March 29, 1972; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2017, No. 46, § 42, eff. July 1, 2019.)
