AB 2128, as amended, Achadjian. Marriage.
Existing law allows a member of the Armed Forces of the United States who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of the marriage to enter into that marriage by the appearance of an attorney in fact, commissioned and empowered in writing for that purpose through a power of attorney duly signed by the party stationed overseas and acknowledgedbegin delete byend deletebegin insert beforeend insert a notary or witnessed by 2 officers of the United States Armed Forces.
This bill would provide that the completion of the power of attorney is the sole determinant as to whether the county clerk’s office or State Registrar will accept the power of attorney.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 420 of the Family Code is amended to
2read:
(a) No particular form for the ceremony of marriage is
4required for solemnization of the marriage, but the parties shall
5declare, in the physical presence of the person solemnizing the
6marriage and necessary witnesses, that they take each other as
7spouses.
8(b) Notwithstanding subdivision (a), a member of the Armed
9Forces of the United States who is stationed overseas and serving
10in a conflict or a war and is unable to appear for the licensure and
11solemnization of the marriage may enter into that marriage by the
12appearance of an attorney in fact, commissioned and empowered
13in writing for that purpose through a power of attorney. The
14attorney in fact shall personally appear at the county
clerk’s office
15with the party who is not stationed overseas and present the original
16power of attorney duly signed by the party stationed overseas and
17acknowledgedbegin delete byend deletebegin insert beforeend insert a notary or witnessed by two officers of
18the United States Armed Forces. Copies in any form, including by
19facsimile, are not acceptable. The power of attorney shall state the
20full given names at birth, or by court order, of the parties to be
21married, and that the power of attorney is solely for the purpose
22of authorizing the attorney in fact to obtain a marriage license on
23the person’s behalf and participate in the solemnization of the
24marriage. The original power of attorney shall be a part of the
25marriage certificate upon registration. The completion of
a power
26of attorney shall be the sole determinant as to whether the county
27clerk’s office and the State Registrar will accept the power of
28attorney.
29(c) A contract of marriage, if otherwise duly made, shall not be
30invalidated for want of conformity to the requirements of any
31religious sect.
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