Proxy Marriage Law and Legal Definition

A proxy marriage is a marriage performed with one party to the marriage not being physically present in the ceremony. Someone stands in for an absent bride or groom. This can happen when one party is stationed overseas in the military. Proxy marriages are prohibited in most of the states. However some states like Colorado, California, Montana etc allow proxy marriages.

Example of some state law on Proxy Marriages.

In Colorado, if a party to a marriage is unable to be present at the solemnization, such party may authorize in writing a third person to act as such party's proxy. If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, such person may solemnize the marriage by proxy. If such person is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy. [ C.R.S. 14-2-109]

In Montana, if a party to a marriage is unable to be present at the solemnization, the party may authorize in writing a third person to act as proxy. If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, the person may solemnize the marriage by proxy. If the person solemnizing the marriage is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy. The district court shall authorize performance of a marriage by proxy upon the showing required by the provisions on solemnization.[ Mont. Code Anno., § 40-1-301]