Who May Perform Weddings

• Any ordained clergy;
• Authorized representatives of a federally recognized Indian tribe;
• New Mexico judges, justices, and magistrates, including probate judges. See Section 40-1-2.

Marriage License Required

• The bride and groom must present the probate judge with a properly sealed marriage license from the county clerk prior to the ceremony, Section 40-1-14;
• The marriage license need not be from the county where the wedding takes place; it can be from any county, Section 40-1-10;
• Once the license is issued it remains valid until the marriage is performed;
• The county clerk charges a $25.00 fee for each marriage license issued, Section 40-1-11(E);
• Currently, there are no health requirements or blood tests required to obtain a marriage license in New Mexico.

Limit on Fees for Performing Weddings

• Probate judges may not charge a fee for performing weddings, but may accept a voluntary gratuity or gift if it is offered, Section 40-1-2(C), 1931-32 Op. Att’y Gen. 31.

Ceremony

• Two competent witnesses, in addition to the probate judge, are required, See generally, Sections 40-1-1 through 40-1-20;® There is no established language for a marriage ceremony, but the ceremony should include the agreement to marry.

• There is no established language for a marriage ceremony, but the ceremony should include the agreement to marry
• It is the duty of the probate judge to certify the marriages to the county clerk within ninety (90) days from the date of the marriage. This means the county clerk must record the license in the county clerk’s records in the county that issued the license, Section 40-1-15. (Most of the time, the couple does this themselves, but be sure and tell them it is required!)
• Medical tests are not currently required for issuance of marriage licenses;
• Proxy marriages are allowed in New Mexico (i.e. one party is overseas or in prison). You may decline to perform a proxy marriage if you feel uncomfortable with the concept.
• New Mexico does not have common law marriages, but if a couple has a valid common law marriage from another state, New Mexico should honor that marriage;

Certain Marriages Restricted or Prohibited

• Minors between the ages of sixteen and eighteen can marry with the consent of one parent or guardian. The consent should be acknowledged by a notary or judge;
• Minors under the age of sixteen can marry only if authorized by a district judge. A probate judge cannot authorize the marriage of a person under age sixteen, Section 40-1-6. If you are in doubt about the age of the couple, you can ask for proof of age;
• Marriages between certain relatives are absolutely void. See Section 40-1-7 for list of specific relatives.