106.010 Marriage as civil contract; age of parties
Marriage is a civil contract entered into in person by males at least 18 years of age and females at least 18 years of age, who are otherwise capable, and solemnized in accordance with ORS 106.150.
Title 11 — DOMESTIC RELATIONS
Chapter 106 — Marriage; Domestic Partnership
43 sections106.020 Prohibited and void marriages
The following marriages are prohibited; and, if solemnized within this state, are absolutely void: When either party thereto had a spouse living at the time of the marriage. When the parties thereto are first cousins or any nearer of kin to each other, whether of the whole or half blood, whether by blood or adoption, computing by the rules of the civil law…
106.030 Voidable marriages
When either party to a marriage is incapable of making such contract or consenting thereto for want of legal age or sufficient understanding, or when the consent of either party is obtained by force or fraud, such marriage shall be void from the time it is so declared by judgment of a court having jurisdiction thereof.
106.040 [Repealed by 1953 c.143 §9]
106.041 Marriage license; application; record
All persons wishing to enter into a marriage contract shall obtain a marriage license from the county clerk upon application, directed to any person, religious organization or congregation, or secular organization, authorized by ORS 106.120 to solemnize marriages, and authorizing the person, religious organization or congregation, or secular organization, to…
106.043 [1953 c.143 §2; 1971 c.282 §1; repealed by 1981 c.152 §6]
106.045 Fee for marriage license; purpose
In addition to any other fees provided by law, the county clerk shall collect a fee of $25 upon the application for a marriage license. The county clerk shall regularly pay over to the Department of Human Services all moneys collected under subsection (1) of this section to be credited to the Domestic Violence Fund pursuant to ORS 409.300. Note: 106.045 wa…
106.050 Proof of age; when affidavit required
The county clerk may accept any reasonable proof of the age of an applicant for a marriage license satisfactory to the clerk. The clerk may require proof of age by affidavit of some person other than either of the parties seeking the license if the clerk deems it necessary in order to determine the age of an applicant to the clerk’s satisfaction.
106.060 [Amended by 1965 c.467 §2; 1969 c.242 §2; 1973 c.827 §12; 1975 c.583 §2; 1987 c.340 §2; repealed by 2025 c.224 §9]
106.070 [Repealed by 1953 c.143 §9]
106.071 [1953 c.143 §4(1),(2),(3),(4),(5),(6); 1959 c.377 §1; 1971 c.282 §2; 1977 c.582 §4; 1979 c.731 §3; repealed by 1981 c.152 §6]
106.074 [1953 c.143 §4(7); 1971 c.282 §3; repealed by 1981 c.152 §6]
106.075 [Repealed by 1953 c.143 §9]
106.077 Issuance of marriage license; waiting period; exception
When the county clerk has received the written application for the marriage license from both applicants, and all other legal requirements for issuance of the marriage license have been met, the county clerk shall issue a marriage license which shall become effective three days after the date on which the application was signed by the applicants. The county …
106.079 [1953 c.143 §4(9); 1981 c.152 §3; repealed by 2007 c.703 §11]
106.080 [Amended by 1953 c.143 §9; repealed by 1971 c.282 §4]
106.081 Fetal alcohol syndrome pamphlets
When the county clerk issues a marriage license, the county clerk shall also give to the licensees a pamphlet describing the medical condition known as fetal alcohol syndrome, its causes and its effects. The pamphlet shall be provided to the counties by the Oregon Health Authority under ORS 431A.575 for distribution under this section. Note: 106.081 was ena…
106.090 [Repealed by 1981 c.152 §6]
106.100 County clerk’s records
The county clerk who issues the marriage license shall maintain records relating to marriages licensed in the county. The records must include the names of the parties before and after marriage, the consent of the guardian, if any, the name of the affiant, the substance of the affidavit upon which the license was issued and the date of the license. Upon ret…
106.110 Unlawful issuance of marriage license prohibited
No county clerk shall issue a license contrary to the provisions of ORS 106.041 to 106.077 or 106.100.
106.120 Who may solemnize marriage; fee; personal payment; records
As used in this section: “Judicial officer” means: A judicial officer of this state as that term is defined in ORS 1.210 and includes but is not limited to a judge of a municipal court and a justice of the peace. An active judge of a federal court. An active United States magistrate judge. “Secular organization” means an organization that occupies a pla…
106.130 Validity of marriage solemnized by unauthorized person
A marriage solemnized before a person, religious organization or congregation, or secular organization, that represents having the authority to solemnize marriages under ORS 106.120 is not void, nor is the validity of the marriage affected, if it is discovered after the solemnization that the person, religious organization or congregation, or secular organiz…
106.140 Solemnizing marriage unlawfully or without authority
No person shall undertake to join others in marriage knowing that the person is not lawfully authorized so to do. No person authorized to solemnize marriage shall join persons in marriage contrary to any of the provisions of ORS 106.010 to 106.050 or 106.100 to 106.190.
106.150 Form of solemnization; witnesses; solemnization before organization
In the solemnization of a marriage no particular form is required except that the parties thereto shall assent or declare in the presence of the person, religious organization or congregation, or secular organization, authorized to solemnize marriages under ORS 106.120, and in the presence of at least two witnesses, that they take each other to be spouses in…
106.160 Delivery of commemorative marriage certificate
The county clerk shall give to the parties to the marriage a commemorative marriage certificate in accordance with ORS 106.165 upon issuing the marriage license.
106.165 Form of commemorative marriage certificate; preparation; rules
The county clerk shall prescribe a standard form of a commemorative marriage certificate to be issued by the county clerk and kept by the married couple. The certificate must contain the names and addresses of the parties and of at least two witnesses, the date and place of the marriage, the signature of the person who solemnized the marriage, the date of th…
106.170 Report of marriage to county clerk
A person solemnizing a marriage shall, within five calendar days of the marriage ceremony, complete the original application, license and record of marriage form and deliver the form to the county clerk who issued the marriage license. The person solemnizing the marriage may keep a copy of the application, license and record of marriage form.
106.180 [Amended by 1999 c.776 §2; repealed by 2007 c.703 §11]
106.190 Legitimacy of issue of certain imperfect marriages
The issue of marriages void under ORS 106.020 are legitimate. All children conceived or born of parents who married or who may hereafter marry prior to the expiration of six months from the date of a judgment of divorce or declaring a marriage void rendered in a suit to which one of the parents was a party or during the period of an appeal from such a judgm…
106.200 [Repealed by 1957 c.411 §7]
106.210 [1955 c.694 §1; 1959 c.531 §1; repealed by 2007 c.22 §7]
106.220 Name upon entering into marriage; legal effect
Upon entering into marriage, either party may: Retain the party’s middle name, if any, and surname prior to the marriage; Retain the party’s middle name, if any, and change the party’s surname to the surname of the other party; Either retain or remove the party’s middle name, if any, and change the party’s surname to one surname or a combination of surnam…
106.300 Short title
ORS 106.300 to 106.340 may be cited as the Oregon Family Fairness Act. Note: 106.300 to 106.340 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 106 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
106.305 Legislative findings
The Legislative Assembly finds that: Section 20, Article I of the Oregon Constitution, has always enshrined the principle that all citizens of this state are to be provided with equal privileges and immunities under the laws of the State. In addition, as provided in ORS 659A.006, it has long been the public policy of this state that discrimination against a…
106.310 Definitions for ORS 106.300 to 106.340
As used in ORS 106.300 to 106.340 (Oregon Family Fairness Act): “Domestic partnership” means a civil contract described in ORS 106.300 to 106.340 entered into in person between two individuals who are at least 18 years of age, who are otherwise capable and at least one of whom is a resident of Oregon. “Partner” means an individual joined in a domestic part…
106.315 Prohibited and void domestic partnerships
A domestic partnership is prohibited and void when: Either party to the domestic partnership had a partner or spouse living at the time of the domestic partnership unless the partner or spouse was the other party to the domestic partnership. The parties to the domestic partnership are first cousins or any nearer of kin to each other, whether of the whole o…
106.320 Form of declaration and certificate of domestic partnership
The Oregon Health Authority shall prepare forms entitled: “Declaration of Domestic Partnership” meeting the requirements of ORS 106.325; and “Certificate of Registered Domestic Partnership.” The authority shall distribute the forms to each county clerk. The authority and each county clerk shall make the Declaration of Domestic Partnership forms available …
106.325 Contents of declaration; filing with county clerk; registry; consent to circuit court jurisdiction
Two individuals wishing to become partners in a domestic partnership may complete and file a Declaration of Domestic Partnership with the county clerk. In accordance with the requirements of this section, the county clerk shall register the Declaration of Domestic Partnership in a domestic partnership registry and return a copy of the registered form and a …
106.330 Registration fee
In addition to any other fees provided by law, the county clerk shall collect a fee of $25 for registering a Declaration of Domestic Partnership. The county clerk shall regularly pay over to the Department of Human Services all moneys collected under subsection (1) of this section to be credited to the Domestic Violence Fund pursuant to ORS 409.300. Note: …
106.335 Name upon entering into domestic partnership; legal effect
Upon entering into a domestic partnership, either party to the domestic partnership may: Retain the party’s middle name, if any, and surname prior to the domestic partnership; Retain the party’s middle name, if any, and change the party’s surname to the surname of the other party; Either retain or remove the party’s middle name, if any, and change the par…
106.340 Certain privileges, immunities, rights, benefits and responsibilities granted or imposed
Any privilege, immunity, right or benefit granted by statute, administrative or court rule, policy, common law or any other law to an individual because the individual is or was married, or because the individual is or was an in-law in a specified way to another individual, is granted on equivalent terms, substantive and procedural, to an individual because …
106.345 Equivalency of privileges, immunities, rights, benefits and responsibilities
It is the policy of this state that: Any privilege, immunity, right or benefit granted by statute, administrative or court rule, policy, common law or any other law to an individual because the individual is or was married to an individual of a different sex, is granted on equivalent terms, substantive and procedural, to an individual who is or was married …
106.990 Penalties
Violation of ORS 106.041 (6) is a Class C misdemeanor. Violation of ORS 106.110 or 106.140 is a Class A misdemeanor. Refusal or neglect to comply with ORS 106.170 shall result in the forfeiture of a penalty of not less than $10 nor more than $50 to be recovered by action for every five days of such refusal or neglect. _______________