Section 300.  


Latest version.
  • (a) Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section 425 and Part 4 (commencing with Section 500).

    (b) For purposes of this part, the document issued by the county clerk is a marriage license until it is registered with the county recorder, at which time the license becomes a marriage certificate.

(Amended by Stats. 2006, Ch. 816, Sec. 1. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816. Note: On May 15, 2008, the California Supreme Court, in the case of "In re Marriage Cases" (43 Cal. 4th 757), invalidated certain language within this section.)