§ 5-C:51 — Certificate of Remarriage

New Hampshire § 5-C:51

• Jurisdiction: New Hampshire
• Title I: THE STATE AND ITS GOVERNMENT
• Ch. 5-C: VITAL RECORDS ADMINISTRATION
• Subdivision: Marriage Registration Forms and Procedures

Text

I. A marriage certificate shall not be issued to parties who are already lawfully married to each other except as provided in RSA 5-C:50. This shall also include issuing a marriage certificate for the renewal of marriage vows for religious or anniversary purposes.
II. In the case where the state registrar receives an affidavit challenging the legality of a marriage certificate, the state registrar shall send a certified letter to the married couple advising them that an allegation of violation of RSA 457 has been made that causes the legality of their marriage certificate to be subject to challenge and therefore might void the marriage certificate and advising them of the information necessary to respond to the alleged violation of RSA 457.
III. The state registrar shall send a copy of the certified letter described in paragraph II to the clerk of the town or city who issued the marriage license and to the officiant.
IV. The validity of a marriage certificate shall not be affected because of lack of legal authority or jurisdiction on the part of the officiant or as otherwise stated in RSA 457:36.
V. If the correction of an alleged violation requires another marriage ceremony to be conducted in conformance with New Hampshire statutes, it shall not be necessary for the clerk of the town or city to issue a new certificate.
VI. If another marriage ceremony is necessary in accordance with paragraph V, the date of marriage shall be noted on the marriage certificate as the date the original marriage ceremony took place or, if the alleged violation is due to lack of conformance to a statutory time limit, the date shall be the date of the second marriage ceremony.
VII. When a second marriage ceremony has taken place, the officiant shall notify the clerk of the town or city in writing.
VIII. Certified copies of the marriage certificate issued after the alleged violation of RSA 457 has been corrected shall not make reference in any way to the alleged violation.
IX. If the alleged violation is not corrected, all certified copies issued of such marriage record shall include a notation of the alleged violation.
X. If false information is provided pursuant to RSA 639:1 or RSA 5-C:14, the state registrar shall report such an offense to the county attorney where the event occurred.
XI. When a second marriage ceremony has taken place, the clerk of the town or city shall make an appropriate notation on the face of the local certificate as described in paragraphs VI and VIII.
XII. The appropriate form shall be sent in accordance with RSA 5-C:85 to the state registrar to update the vital record.

Legislative History

2005, 268:1, eff. Jan. 1, 2006.