595.1 DEFINITIONS.
As used in this chapter, unless the context otherwise requires,
"book", "list", "record", or "schedule" kept by a
county auditor, assessor, treasurer, recorder, sheriff, or other
county officer means the county system as defined in section 445.1.
Section History: Recent Form
2000 Acts, ch 1148, §1
595.1A CONTRACT.
Marriage is a civil contract, requiring the consent of the parties
capable of entering into other contracts, except as herein otherwise
declared. Section History: Early Form
[C51, § 1463; R60, § 2515; C73, § 2185; C97, § 3139; C24, 27, 31,
35, 39, § 10427; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§ 595.1] Section History: Recent Form
C2001, §595.1A
595.2 GENDER -- AGE.
1. Only a marriage between a male and a female is valid.
2. Additionally, a marriage between a male and a female is valid
only if each is eighteen years of age or older. However, if either
or both of the parties have not attained that age, the marriage may
be valid under the circumstances prescribed in this section.
3. If either party to a marriage falsely represents the party's
self to be eighteen years of age or older at or before the time the
marriage is solemnized, the marriage is valid unless the person who
falsely represented their age chooses to void the marriage by making
their true age known and verified by a birth certificate or other
legal evidence of age in an annulment proceeding initiated at any
time before the person reaches their eighteenth birthday. A child
born of a marriage voided under this subsection is legitimate.
4. A marriage license may be issued to a male and a female either
or both of whom are sixteen or seventeen years of age if both of the
following apply:
a. The parents of the underage party or parties certify in
writing that they consent to the marriage. If one of the parents of
any underage party to a proposed marriage is dead or incompetent the
certificate may be executed by the other parent, if both parents are
dead or incompetent the guardian of the underage party may execute
the certificate, and if the parents are divorced the parent having
legal custody may execute the certificate; and
b. The certificate of consent of the parents, parent, or
guardian is approved by a judge of the district court or, if both
parents of any underage party to a proposed marriage are dead,
incompetent, or cannot be located and the party has no guardian, the
proposed marriage is approved by a judge of the district court. A
judge shall grant approval under this subsection only if the judge
finds the underage party or parties capable of assuming the
responsibilities of marriage and that the marriage will serve the
best interest of the underage party or parties. Pregnancy alone does
not establish that the proposed marriage is in the best interest of
the underage party or parties, however, if pregnancy is involved the
court records which pertain to the fact that the female is pregnant
shall be sealed and available only to the parties to the marriage or
proposed marriage or to any interested party securing an order of the
court.
5. If a parent or guardian withholds consent, the judge upon
application of a party to a proposed marriage shall determine if the
consent has been unreasonably withheld. If the judge so finds, the
judge shall proceed to review the application under subsection 4,
paragraph "b". Section History: Early Form
10428, 10434; C46, 50, 54, 58, 62, 66, 71, 73, 75, § 595.2, 595.8; C77, 79, 81, § 595.2]
Section History: Recent Form
85 Acts, ch 67, §53; 98 Acts, ch 1099, §1; 99 Acts, ch 114, §44
Referred to in § 595.3, 595.20
595.3 LICENSE.
Previous to the solemnization of any marriage, a license for that
purpose must be obtained from the county registrar. The license must
not be granted in any case:
1. Where either party is under the age necessary to render the
marriage valid.
2. Where either party is under eighteen years of age, unless the
marriage is approved by a judge of the district court as provided by
section 595.2.
3. Where either party is disqualified from making any civil
contract.
4. Where the parties are within the degrees of consanguinity or
affinity in which marriages are prohibited by law.
5. Where either party is a ward under a guardianship and the
court has made a finding that the ward lacks the capacity to contract
a valid marriage. Section History: Early Form
[C51, § 1465--1467; R60, § 2517, 2518; C73, § 2187--2189; C97, §
3141, 3142; S13, § 3141; C24, 27, 31, 35, 39, § 10429, 10431;
C46, 50, 54, 58, § 595.3, 595.5; C62, 66, 71, 73, 75, 77, 79, 81, §
595.3] Section History: Recent Form
91 Acts, ch 93, §2; 95 Acts, ch 124, § 13, 26; 98 Acts, ch 1099,
§2
Referred to in § 595.18
595.3A APPLICATION FORM AND LICENSE -- ABUSE
PREVENTION LANGUAGE.
In addition to any other information contained in an application
form for a marriage license and a marriage license, the application
form and license shall contain the following statement in bold print:
"THE LAWS OF THIS STATE AFFIRM YOUR RIGHT TO ENTER
INTO THIS MARRIAGE AND AT THE SAME TIME TO LIVE WITHIN THE MARRIAGE
UNDER THE FULL PROTECTION OF THE LAWS OF THIS STATE WITH REGARD TO
VIOLENCE AND ABUSE. Neither of you is the property of the other.
Assault, sexual abuse, and willful injury of a spouse or other family
member are violations of the laws of this state and are punishable by
the state."
Section History: Recent Form
97 Acts, ch 175, §233
595.4 AGE AND QUALIFICATION -- VERIFIED APPLICATION
-- WAITING PERIOD -- EXCEPTION.
Previous to the issuance of any license to marry, the parties
desiring the license shall sign and file a verified application with
the county registrar which application either may be mailed to the
parties at their request or may be signed by them at the office of
the county registrar in the county in which the license is to be
issued. The application shall include the social security number of
each applicant and shall set forth at least one affidavit of some
competent and disinterested person stating the facts as to age and
qualification of the parties. Upon the filing of the application for
a license to marry, the county registrar shall file the application
in a record kept for that purpose and shall take all necessary steps
to ensure the confidentiality of the social security number of each
applicant. All information included on an application may be
provided as mutually agreed upon by the division of records and
statistics and the child support recovery unit, including by
automated exchange.
Upon receipt of a verified application, the county registrar may
issue the license which shall not become valid until the expiration
of three days after the date of issuance of the license. If the
license has not been issued within six months from the date of the
application, the application is void.
A license to marry may be validated prior to the expiration of
three days from the date of issuance of the license in cases of
emergency or extraordinary circumstances. An order authorizing the
validation of a license may be granted by a judge of the district
court under conditions of emergency or extraordinary circumstances
upon application of the parties filed with the county registrar. No
order may be granted unless the parties have filed an application for
a marriage license in a county within the judicial district. An
application for an order shall be made on forms furnished by the
county registrar at the same time the application for the license to
marry is made. After examining the application for the marriage
license and issuing the license, the county registrar shall refer the
parties to a judge of the district court for action on the
application for an order authorizing the validation of a marriage
license prior to expiration of three days from the date of issuance
of the license. The judge shall, if satisfied as to the existence of
an emergency or extraordinary circumstances, grant an order
authorizing the validation of a license to marry prior to the
expiration of three days from the date of issuance of the license to
marry. The county registrar shall validate a license to marry upon
presentation by the parties of the order authorizing a license to be
validated. A fee of five dollars shall be paid to the county
registrar at the time the application for the order is made, which
fee is in addition to the fee prescribed by law for the issuance of a
marriage license. Section History: Early Form
[C51, § 1468; R60, § 2520; C73, § 2190; C97, § 3142; C24, 27, 31,
35, 39, § 10430; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§ 595.4] Section History: Recent Form
85 Acts, ch 67, §54; 91 Acts, ch 116, §5; 95 Acts, ch 124, § 14,
26; 97 Acts, ch 175, §234; 98 Acts, ch 1020, §3
595.5 NAME CHANGE ADOPTED.
1. A party may indicate on the application for a marriage license
the adoption of a name change. The names used on the marriage
license shall become the legal names of the parties to the marriage.
The marriage license shall contain a statement that when a name
change is requested and affixed to the marriage license, the new name
is the legal name of the requesting party.
2. An individual shall have only one legal name at any one time.
Section History: Early Form
[C79, 81, § 595.5] Section History: Recent Form
88 Acts, ch 1142, §1; 95 Acts, ch 124, § 15, 26; 99 Acts, ch 150,
§1; 2001 Acts, ch 143, §7
595.6 FILING AND RECORD REQUIRED.
The affidavit or certificate, in each case, shall be filed by the
county registrar and constitute a part of the records of the
registrar's office. A memorandum of the affidavit or certificate
shall also be entered in the license book. Section History: Early Form
[C51, § 1468; R60, § 2520; C73, § 2190; C97, § 3142; C24, 27, 31,
35, 39, § 10432; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§ 595.6] Section History: Recent Form
85 Acts, ch 67, §55; 95 Acts, ch 124, § 16, 26
595.7 DELIVERY OF BLANK WITH LICENSE.
When a license is issued the county registrar shall deliver to the
applicant a blank return for the marriage, and give instructions
relative to the blank return as will insure a complete and accurate
return. Section History: Early Form
[C24, 27, 31, 35, 39, § 10433; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, § 595.7] Section History: Recent Form
95 Acts, ch 124, § 17, 26
595.8 Repealed by 75 Acts, ch 244, § 5.
595.9 VIOLATIONS.
If a marriage is solemnized without procuring a license, the
parties married, and all persons aiding them, are guilty of a simple
misdemeanor. Section History: Early Form
[C51, § 1470; R60, § 2522; C73, § 2192; C97, § 3144; C24, 27, 31,
35, 39, § 10435; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§ 595.9]
595.10 WHO MAY SOLEMNIZE.
Marriages may be solemnized by:
1. A judge of the supreme court, court of appeals, or district
court, including a district associate judge, associate juvenile
judge, or a judicial magistrate, and including a senior judge as
defined in section 602.9202, subsection 3.
2. A person ordained or designated as a leader of the person's
religious faith. Section History: Early Form
[C51, § 1472; R60, § 2524; C73, § 2193; C97, § 3145; C24, 27, 31,
35, 39, § 10436; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§ 595.10; 81 Acts, ch 188, § 1] Section History: Recent Form
83 Acts, ch 159, § 1; 87 Acts, ch 115, §69; 95 Acts, ch 92, § 3
Referred to in § 595.12
595.11 NONSTATUTORY SOLEMNIZATION -- FORFEITURE.
Marriages solemnized, with the consent of parties, in any manner
other than that prescribed in this chapter, are valid; but the
parties, and all persons aiding or abetting them, shall pay to the
treasurer of state for deposit in the general fund of the state the
sum of fifty dollars each; but this shall not apply to the person
conducting the marriage ceremony, if within fifteen days after the
ceremony is conducted, the person makes the required return to the
county registrar. Section History: Early Form
[C51, § 1474, 1475; R60, § 2526, 2527; C73, § 2195, 2196; C97,
§3147; S13, § 3147; C24, 27, 31, 35, 39, § 10437; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, § 595.11] Section History: Recent Form
83 Acts, ch 185, § 54, 62; 95 Acts, ch 124, § 18, 26
595.12 FEE AND EXPENSES.
1. A judge or magistrate authorized to solemnize a marriage under
section 595.10, subsection 1, may charge a reasonable fee for
officiating and making return for each marriage solemnized at a time
other than regular judicial working hours. In addition the judge or
magistrate may charge the parties to the marriage for expenses
incurred in solemnizing the marriage. No judge or magistrate shall
make any charge for solemnizing a marriage during regular judicial
working hours. The supreme court shall adopt rules prescribing the
maximum fee and expenses that the judge or magistrate may charge.
2. A minister authorized to solemnize a marriage under section
595.10, subsection 2, may charge a reasonable fee for each marriage
solemnization and making return in an amount agreed to by the
parties. Section History: Early Form
[C51, § 2551; R60, § 4159; C73, § 3828; C97, § 3152; C24, 27, 31,
35, 39, § 10438; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§ 595.12] Section History: Recent Form
83 Acts, ch 151, § 1
595.13 CERTIFICATE -- RETURN.
After the marriage has been solemnized, the officiating minister
or magistrate shall attest to the marriage on the blank provided for
that purpose and return the certificate of marriage within fifteen
days to the county registrar who issued the marriage license. Section History: Early Form
[C51, § 1473, 1476; R60, § 2525, 2528; C73, § 2194, 2197; C97, §
3146; S13, § 3146; C24, 27, 31, 35, 39, § 10439; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 595.13] Section History: Recent Form
95 Acts, ch 124, § 19, 26; 2000 Acts, ch 1140, §44; 2002 Acts, ch
1119, §189
See also § 144.36 for certificate
595.14 Repealed by 73 Acts, ch 281, § 1.
595.15 INADEQUATE RETURN.
If the return of a marriage is not complete in every particular as
required by the forms specified in section 144.12, the county
registrar shall require the person making the same to supply the
omitted information. Section History: Early Form
[C24, 27, 31, 35, 39, § 10441; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, § 595.15] Section History: Recent Form
95 Acts, ch 124, § 20, 26
595.16 SPOUSE RESPONSIBLE FOR RETURN.
When a marriage is consummated without the services of a cleric or
magistrate, the required return of the marriage may be made to the
county registrar by either spouse. Section History: Early Form
[C51, § 1478; R60, § 2530; C73, § 2199; C97, § 3149; C24, 27, 31,
35, 39, § 10442; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§ 595.16] Section History: Recent Form
95 Acts, ch 124, § 21, 26
595.16A ISSUANCE OF CERTIFIED COPY OF CERTIFICATE OF
MARRIAGE.
Following receipt of the original certificate of marriage pursuant
to section 144.36, the county registrar shall issue a certified copy
of the original certificate of marriage to the parties to the
marriage. Section History: Recent Form
2000 Acts, ch 1140, §45, 49
595.17 EXCEPTIONS.
The provisions of this chapter, as they relate to procuring
licenses and to the solemnizing of marriages are not applicable to
members of a denomination having an unusual mode of entering the
marriage relation. Section History: Early Form
[C51, § 1477; R60, § 2529; C73, § 2198; C97, § 3148; C24, 27, 31,
35, 39, § 10443; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§ 595.17; 82 Acts, ch 1152, § 2]
595.18 ISSUE LEGITIMATIZED.
Children born outside of a marriage become legitimate by the
subsequent marriage of their parents. Children born of a marriage
contracted in violation of section 595.3 or 595.19 are legitimate.
Section History: Early Form
[C51, § 1479; R60, § 2531; C73, § 2200; C97, § 3150; C24, 27, 31,
35, 39, § 10444; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§ 595.18] Section History: Recent Form
94 Acts, ch 1046, §30
595.19 VOID MARRIAGES.
1. Marriages between the following persons who are related by
blood are void:
a. Between a man and his father's sister, mother's sister,
daughter, sister, son's daughter, daughter's daughter, brother's
daughter, or sister's daughter.
b. Between a woman and her father's brother, mother's
brother, son, brother, son's son, daughter's son, brother's son, or
sister's son.
c. Between first cousins.
2. Marriages between persons either of whom has a husband or wife
living are void, but, if the parties live and cohabit together after
the death or divorce of the former husband or wife, such marriage
shall be valid. Section History: Early Form
[R60, § 4367, 4368; C73, § 4030; C97, § 3151, 4936; S13, § 4936;
C24, 27, 31, 35, 39, § 10445; C46, 50, 54, 58, 62, 66, 71, 73,
75, 77, 79, 81, § 595.19] Section History: Recent Form
85 Acts, ch 99, §8; 94 Acts, ch 1023, §117
Referred to in § 595.18
Incest, see § 726.2
595.20 FOREIGN MARRIAGES -- VALIDITY.
A marriage which is solemnized in any other state, territory,
country, or any foreign jurisdiction which is valid in that state,
territory, country, or other foreign jurisdiction, is valid in this
state if the parties meet the requirements for validity pursuant to
section 595.2, subsection 1, and if the marriage would not otherwise
be declared void. Section History: Recent Form
98 Acts, ch 1099, §3
595.21 THROUGH 595.28 Repealed by 57 Acts, ch 255,
§ 1.