The short answer is: yes, we can…
Effective April 28th, 2021 Tennessee Notaries can perform marriages! There are no additional provisions to regulate how Notaries perform marriages, but they must follow the rules required of all officiants.
Only four other states (Florida, Maine, Montana and South Carolina) authorize their notaries, by sole virtue of their active notary commission, to provide this service.
What You Need…
1. The Wedding License
The couple will need to pick up their wedding license at the County Clerk themselves. They will both need a photo ID and proof of divorce, if applicable. They will both need to fill out the application stating their names, ages, addresses, social security numbers, and the names and addresses of parents, or next of kin. A marriage license in Tennessee varies anywhere from $90 to $110. The costs of the marriage license varies by county and it will be valid in any county in Tennessee. Applicants who prove they’ve undergone premarital counseling within a year of applying can knock $60 off the total fee.
The marriage license is valid for 30 days. Once issued the marriage license must be presented to the Notary who will be officiating the ceremony.
The license must be returned back to the same county clerk that issued it within 3 days of the wedding ceremony. It is recommended that if you officiated the wedding you should return it to the county clerk. It is also recommended you return the license to the clerk after the ceremony or the next day.
2. The Wedding Ceremony
If you are providing the marriage ceremony as a notary it will be a CIVIL ceremony.
You do not stamp the marriage license! Although, I have had some counties request that it be stamped – if your returning it and for some reason they ask for it to be stamped – just do it while your at the county clerk’s office.
Tennessee also does not require witnesses! I know, there are lines for witnesses on the license, but you do not need to have witnesses in Tennessee. If there are witnesses there you can go ahead and have them sign if you want to, but it’s not required. The license will be accepted if it has witnesses or not.
The state of Tennessee is lenient when it comes to the manner in which wedding ceremonies take place, leaving it up to the couples to get married however and wherever they choose. I’ve officiated marriages in McDonald’s parking lots, courthouses, homes, parks, wherever they choose! It’s up to the couple.
However, no marriage in Tennessee will be considered legally solemnized without the verbal consent (Declaration of Intent) of the couple, in which each accepts the other as their wedded spouse. The union must then be pronounced by the notary presiding over the marriage.
What is a Declaration of Intent?
The Declaration of Intent is the part of the wedding ceremony when the notary asks the couple if they want to marry each other. In other words, the couple declares their intent to marry.
Example:
1. The notary asks the couple if they want to marry each other. “Do you,______, take ______ to be your lawfully wedded husband?” Responds “I do” or “I will”
“Do you, ______, take _____ to be your lawfully wedded wife?” Responds “I do” or “I will”
2. Make sure to turn and face each person when delivering your lines.
The above is just an example. The declaration of intent is the verbal representation of signing the marriage license. It is the couple’s public declaration that they are knowingly and willingly entering the contract of marriage. That’s why this part of the wedding ceremony is actually required in Tennessee, and it’s important to include it.
*The wording of the declaration of intent can be quite elaborate depending on the ceremony. Some couples want to write their own script and some just want something quick and simple.
Things to Remember…
- Bring ID’s
- Do not stamp the marriage license
- Don’t forget to sign the marriage license!
- Perform the verbal declaration of intent for both the bride & groom.
- Tennessee does NOT require witnesses for the marriage license.
- If officiating as a notary it is a Civil Ceremony; Officiant’s title on Marriage License: Notary Public; Officiant’s address on license: Notary’s address.
Conclusion
Yes, notaries can officiate weddings in Tennessee. There are certain steps that must be completed correctly, so it’s important that you partner with an experienced professional to make sure things are done right.
The good news is that you can find the right person for the job at TN Notary & Professional Services. Best of all? Our certified agents will come to you—anytime, anywhere. They’ll also arrive prepared with your documents and even ship them out for you if necessary.
So next time, skip waiting in line at your local government office or bank and book with us today!
