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Outline

The California VS116 form is an essential document for couples looking to formalize their marriage within the state. This form serves as both a license and a certificate of declaration of marriage, ensuring that all necessary information is accurately recorded. It requires detailed personal information from both parties, including names, birth dates, and previous marriage histories, if applicable. The form emphasizes clarity and legibility, instructing users to fill it out using dark ink and to avoid any alterations such as erasures or whiteouts. Additionally, it includes sections for the names of parents, addresses, and the signatures of witnesses, all crucial for validating the marriage. Importantly, the VS116 form also allows couples the option to change their last names upon marriage, providing a streamlined process for those wishing to adopt new names. After completion, the form must be returned to the local registrar within a specified timeframe to ensure the marriage is officially recorded. Understanding the requirements and structure of the VS116 form is vital for a smooth and legally recognized marriage process in California.

Sample - California Vs116 Form

SAMPLE
LICENSE AND CERTIFICATE OF
DECLARATION OF MARRIAGE
MUST BE LEGIBLE – MAKE NO ERASURES, WHITEOUTS, OR OTHER ALTERATIONS
STATE FILE NUMBER USE DARK INK ONLY LOCAL REGISTRATION NUMBER
1A. FIRST NAME 1B. MIDDLE
1C. CURRENT LAST 1D. LAST NAME AT BIRTH (IF DIFFERENT THAN 1C)
. L
2. DATE OF BIRTH (MM/DD/CCYY) 3. STATE/COUNTRY OF BIRTH 4. #PREV. MARRIAGES/SRDP 5A AST MARRIAGE/SRDP ENDED BY: 5B. DATE ENDED (MM/DD/CCYY)
DEATH DISSO ANNULMENT TERM SRDP N/A
6. ADDRESS 7. CITY 8. STATE/COUNTRY 9. ZIP CODE
10A. FULL BIRTH NAME OF FATHER/PARENT 10B. STATE OF BIRTH (IF OUTSIDE U.S. ENTER COUNTRY)
11A. FULL BIRTH NAME OF MOTHER/PARENT 11B. STATE OF BIRTH (IF OUTSIDE U.S. ENTER COUNTRY)
12A. FIRST NAME 12B. MIDDLE
12C. CURRENT LAST 12D. LAST NAME AT BIRTH (IF DIFFERENT THAN 12C)
13. DATE OF BIRTH (MM/DD/CCYY) 14. STATE/COUNTRY OF BIRTH 15. # PREV. MARRIAGES/SRDP 16A. LAST MARRIAGE/SRDP ENDED BY: 16B. DATE ENDED (MM/DD/CCYY)
DEATH DISSO ANNULMENT TERM SRDP N/A
17. ADDRESS 18. CITY 19. STATE/COUNTRY 20. ZIP CODE
21A. FULL BIRTH NAME OF FATHER/PARENT 21B. STATE OF BIRTH (IF OUTSIDE U.S. ENTER COUNTRY)
22A. FULL BIRTH NAME OF MOTHER/PARENT 22B. STATE OF BIRTH (IF OUTSIDE U.S. ENTER COUNTRY)
WE, THE UNDERSIGNED, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING INFORMATION IS TRUE AND CORRECT
TO THE BEST OF OUR KNOWLEDGE AND BELIEF. WE FURTHER DECLARE THAT WE ARE PRESENTLY MARRIED TO EACH OTHER, THAT A CALIFORNIA MARRIAGE LICENSE WAS
OBTAINED PRIOR TO THE CEREMONY, AND THAT THE CEREMONY OCCURRED IN CALIFORNIA. WE ACKNOWLEDGE RECEIPT OF THE INFORMATION REQUIRED BY FAMILY CODE
SECTION 358 AND HEREBY APPLY FOR A LICENSE AND CERTIFICATE OF DECLARATION OF MARRIAGE.
23. SIGNATURE OF PERSON LISTED IN FIELDS 1A-1D 24. SIGNATURE OF PERSON LISTED IN FIELDS 12A-12D
f f
I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ABOVE-NAMED PARTIES HAVE PERSONALLY APPEARED BEFORE ME AND PROVED TO ME ON THE BASIS OF
SATISFACTORY EVIDENCE TO BE THE PERSONS CLAIMED, HAVE DECLARED THAT THEY MEET ALL THE REQUIREMENTS OF THE LAW, AND HAVE PAID THE FEES PRESCRIBED BY
LAW. THESE REQUIREMENTS HAVING BEEN MET, I HEREBY ISSUE THE LICENSE AND CERTIFICATE OF DECLARATION OF MARRIAGE.
25A. ISSUE DATE (MM/DD/CCYY) 25B. EXPIRES AFTER (MM/DD/CCYY) 25C. NAME OF COUNTY CLERK 25D. SIGNATURE OF CLERK OR DEPUTY CLERK
B
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25E. MARRIAGE LICENSE NUMBER 25F. COUNTY OF ISSUE 25G. RETURN COMPLETED MARRIAGE LICENSE TO (INCLUDE ADDRESS):
WE, THE ABOVE-NAMED PARTIES, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, THAT WE WERE JOINED IN MARRIAGE IN
ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AS INDICATED BELOW.
26A. DATE OF MARRIAGE (MM/DD/CCYY) 26B. CITY/TOWN OF MARRIAGE 26C. COUNTY OF MARRIAGE
27. SIGNATURE OF PERSON LISTED IN FIELDS 1A-1D 28. SIGNATURE OF PERSON LISTED IN FIELDS 12A-12D
f f
WE, THE UNDERSIGNED, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, THAT WE WERE PHYSICALLY PRESENT AT THE MARRIAGE
CEREMONY OF THE ABOVE-NAMED PARTIES, THAT WE WITNESSED THE ABOVE-NAMED PERSONS COMPLETE THE MARRIAGE CEREMONY, THAT THE CEREMONY OCCURRED IN
CALIFORNIA, AND THAT THE FOREGOING INFORMATION IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF.
29A. SIGNATURE OF WITNESS 29B. NAME OF PERSON WITNESSING MARRIAGE (TYPE OR PRINT CLEARLY)
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29C. ADDRESS, CITY, STATE/COUNTRY, AND ZIP CODE
30A. SIGNATURE OF WITNESS 30B. NAME OF PERSON WITNESSING MARRIAGE (TYPE OR PRINT CLEARLY)
f
30C. ADDRESS, CITY, STATE/COUNTRY, AND ZIP CODE
NEW MIDDLE AND LAST NAME OF PERSON LISTED IN 1A-1D (IF ANY) FOR USE UPON SOLEMNIZATION OF THE MARRIAGE (SEE REVERSE FOR INFORMATION)
31A. FIRST – MUST BE SAME AS 1A 31B. MIDDLE 31C. LAST
NEW MIDDLE AND LAST NAME OF PERSON LISTED IN 12A-12D (IF ANY) FOR USE UPON SOLEMNIZATION OF THE MARRIAGE (SEE REVERSE FOR INFORMATION)
32A. FIRST – MUST BE SAME AS 12A 32B. MIDDLE 32C. LAST
33A. NAME OF LOCAL REGISTRAR 33B. SIGNATURE OF CLERK OR DEPUTY CLERK 33C. DATE ACCEPTED FOR REGISTRATION
BYf
LOCAL
REGISTRAR
LICENSE TO MARRY
CERTIFICATION
OF MARRIAGE
NEW NAMES
(IF ANY)
WITNESSES TO THE MARRIAGE
(TWO REQUIRED)
Groom Bride
SECOND PERSON DATA
Groom Bride
FIRST PERSON DATA
AFFIDAVIT
STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC HEALTH, OFFICE OF VITAL RECORDS VS-116 (01/01/2010)
SAMPLE
INSTRUCTIONS AND INFORMATION
Refunds CANNOT be given after a marriage license is issued.
You will not be notified that your license has been registered. You do not automatically receive a certified copy. You must request and pay for a
certified copy from the local registrar of marriages (County Recorder) in the county where the license was issued.
SRDP = State Registered Domestic Partnership as registered with the Secretary of State. Pursuant to Family Code, Section 298.5(c),
no person who has filed a Declaration of Domestic Partnership may enter a marriage with someone other than their registered domestic
partner unless the most recent domestic partnership has been terminated or a final judgment of dissolution or nullity has been entered, or the
domestic partnership terminated due to death of one of the domestic partners.
“New Name(s)”—Law applying to middle
and last names (items 31B, 31C, 32B, and 32C) OPTIONAL: Pursuant to Family Code Section 306.5, at the
time of application for a marriage license, one or both parties to the marriage may elect to change the middle or last names, or both, by which that
party wishes to be known after solemnization of the marriage by entering that information on the marriage license application. Parties may adopt
any of the following middle names: the current last name of either spouse; the last name of either spouse given at birth; a hyphenated combination
of the current middle name and the current last name of the person or spouse; a hyphenated combination of the current middle name and the last
name given at birth of the person or spouse. Parties may adopt any of the following last names: the current last name of the other spouse; the last
name of either spouse given at birth; a name combining into a single last name all or a segment of the current last name or last name of either
spouse given at birth; a hyphenated combination of last names. NOTE: The first name of the parties may not be changed on the marriage license.
An amendment to the new name fields may only be issued to correct clerical errors, and that amendment must be signed by one of the parties to the
marriage and the county clerk or his or her deputy.
PURCHASE OF A LICENSE
All persons must purchase a License and Certificate of Declaration of Marriage from the County Clerk in the parties’ county of residence in
order to declare a California marriage which has been solemnized, but for which no official record exists (Family Code Section 425).
To Persons Declaring Their Marriage
The License and Certificate of Declaration of Marriage expires 90 days after date of issue in Item 25A and cannot be used after the
“Expiration Date” shown in Item 25B. A declared marriage is a public record. If you are declaring a marriage that originally used a Confidential
Marriage License, using this License and Certificate of Declaration of Marriage would then make it a public record.
1. Complete the marriage license using DARK INK ONLY.
2. Enter date and place of marriage in Items 26A, 26B, and 26C.
3. Sign your names in Items 27 and 28.
4. Have two witnesses to the marriage sign Items 29A and 30A and complete Items 29B, 29C, 30B and 30C.
The completed LICENSE AND CERTIFICATE OF DECLARATION OF MARRIAGE must be returned within 10 days of completion by either of
the parties declaring the marriage to be registered by the local registrar of marriages (County Recorder) of the county where the license was
issued at the address in box 25G. It can be mailed or delivered in person.
PRIVACY NOTIFICATION
Civil Code Section 1798 et seq. requires each state agency to provide this notice to individuals completing this form. The information is being
requested by: State of California, Department of Public Health, Office of Vital Records, MS 5103, P.O. Box 997410, Sacramento, CA 95899-
7410, Telephone (916) 445-2684.
The information requested on this certificate is authorized and required by Division 102 of the Health and Safety Code, and related provisions
within the Civil Code, Code of Civil Procedure, Family Code, and Government Code.
The completion of all items requested on this form is mandatory. Health and Safety Code Section 103775 provides that, “Every person,
except a parent informant for a certificate of live birth, who is responsible for supplying information who refuses or fails to furnish correctly any
information in his or her possession which is required by this division, or furnishes false information affecting any certificate or record required
by this division, is guilty of a misdemeanor.”
The principal purpose for this record is:
1. To establish a permanent record that is legally recognized as prima facie evidence of the facts stated therein for each marriage
occurring in the State of California.
2. To provide individuals with certified copies from the records to serve their personal needs, such as securing passports and applying
for social security or death benefits.
3. To provide information to health authorities and other qualified persons with a valid educational or scientific interest, for demographic
and epidemiological studies for health and social purposes.
4. This information is also provided to the National Center for Health Statistics for compiling national statistical reports.
This record shall be open for examination during regularly scheduled office hours, except when access is specifically prohibited by statute or
regulations.
For Official Use Only
STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC HEALTH, OFFICE OF VITAL RECORDS VS-116 (01/01/2010)

Form Information

Fact Name Description
Purpose The California VS116 form is used to declare a marriage that has been solemnized but for which no official record exists.
Governing Law This form is governed by California Family Code Section 425.
Expiration The License and Certificate of Declaration of Marriage expires 90 days after the issue date.
Signature Requirement Both parties must sign the form to validate the declaration of marriage.
Witnesses Two witnesses are required to sign the form, confirming they were present at the marriage ceremony.
Information Accuracy All information provided on the form must be true and correct, as stated under penalty of perjury.
Local Registrar The completed form must be returned to the local registrar of marriages in the county where the license was issued.
Privacy Notification Information collected on this form is protected under Civil Code Section 1798 et seq. and is used for public record purposes.

Detailed Guide for Filling Out California Vs116

Filling out the California VS116 form is an important step in declaring your marriage. This process ensures that your marriage is officially recognized and documented. It's crucial to provide accurate information and follow the guidelines carefully to avoid any delays or complications.

  1. Use DARK INK ONLY to fill out the form.
  2. Begin with the first person’s data. Fill in the following fields:
    • 1A. First Name
    • 1B. Middle Name
    • 1C. Current Last Name
    • 1D. Last Name at Birth (if different than 1C)
    • 2. Date of Birth (MM/DD/CCYY)
    • 3. State/Country of Birth
    • 4. Number of Previous Marriages/SRDP
    • 5A. Last Marriage/SRDP Ended By
    • 5B. Date Ended (MM/DD/CCYY)
    • 6. Address
    • 7. City
    • 8. State/Country
    • 9. ZIP Code
    • 10A. Full Birth Name of Father/Parent
    • 10B. State of Birth (if outside U.S., enter country)
    • 11A. Full Birth Name of Mother/Parent
    • 11B. State of Birth (if outside U.S., enter country)
  3. Fill in the second person’s data in the same manner as the first person. This includes:
    • 12A. First Name
    • 12B. Middle Name
    • 12C. Current Last Name
    • 12D. Last Name at Birth (if different than 12C)
    • 13. Date of Birth (MM/DD/CCYY)
    • 14. State/Country of Birth
    • 15. Number of Previous Marriages/SRDP
    • 16A. Last Marriage/SRDP Ended By
    • 16B. Date Ended (MM/DD/CCYY)
    • 17. Address
    • 18. City
    • 19. State/Country
    • 20. ZIP Code
    • 21A. Full Birth Name of Father/Parent
    • 21B. State of Birth (if outside U.S., enter country)
    • 22A. Full Birth Name of Mother/Parent
    • 22B. State of Birth (if outside U.S., enter country)
  4. Both parties must sign in Items 23 and 24.
  5. Complete the marriage details in Items 26A, 26B, and 26C, including the date and location of the marriage.
  6. Each person must sign again in Items 27 and 28 to confirm the marriage.
  7. Two witnesses must sign in Items 29A and 30A and complete their respective details in Items 29B, 29C, 30B, and 30C.
  8. Return the completed form to the local registrar of marriages (County Recorder) within 10 days of the ceremony. You can mail it or deliver it in person.

Obtain Answers on California Vs116

  1. What is the California VS116 form?

    The California VS116 form is a License and Certificate of Declaration of Marriage. It is used to declare a marriage that has been solemnized in California but for which no official record exists. This form must be completed and submitted to the local registrar of marriages.

  2. Who needs to complete the VS116 form?

    Both parties intending to marry must complete the VS116 form. Each person must provide personal information, including their names, birthdates, and details about previous marriages, if applicable. This ensures that all necessary information is captured for the marriage record.

  3. How do I fill out the VS116 form correctly?

    To fill out the VS116 form:

    • Use dark ink only.
    • Ensure all information is legible. Avoid any erasures or whiteouts.
    • Provide accurate details for each section, including names, birth dates, and addresses.

    Completing the form accurately is crucial to avoid delays or issues with your marriage record.

  4. What happens after I submit the VS116 form?

    After submitting the form, it must be returned to the local registrar of marriages within 10 days of the marriage ceremony. This can be done by mail or in person. The completed form will then be registered, creating a public record of your marriage.

  5. Can I change my name on the VS116 form?

    You can indicate a new name on the form if you wish to change your middle or last name after marriage. However, the first name cannot be changed. The new name must be written in the designated sections of the form.

  6. What if I need a certified copy of my marriage record?

    After your marriage is registered, you will not automatically receive a certified copy. You must request and pay for a certified copy from the local registrar of marriages in the county where the license was issued. This is important for legal purposes, such as applying for benefits or passports.

  7. What is the expiration date for the VS116 form?

    The VS116 form expires 90 days after the date of issue. It cannot be used after the expiration date. Be sure to complete and submit the form within this timeframe to ensure your marriage is officially recorded.

  8. What information is required on the VS116 form?

    The form requires various personal details, including:

    • Full names of both parties
    • Date and place of birth
    • Address and contact information
    • Details about previous marriages

    Providing complete and accurate information is essential for the registration process.

Common mistakes

Filling out the California VS116 form can be straightforward, but mistakes often happen. One common error is using light ink instead of the required dark ink. This can make the information hard to read, leading to potential delays in processing. Always use dark ink to ensure legibility.

Another frequent mistake is making erasures or whiteouts on the form. This is strictly prohibited. Any alterations can render the form invalid. If you make a mistake, it’s best to start over with a new form rather than trying to correct it.

People often overlook the importance of legibility. Writing too quickly or messily can cause issues. Take your time to fill out each section clearly. If the information is unclear, it may lead to problems later on.

Some individuals fail to provide their full birth names for both parents. This information is crucial and must be accurate. Missing or incorrect names can complicate the registration process.

Another mistake is not including the correct dates. This includes dates of birth and the date the marriage ended, if applicable. Be sure to double-check that all dates are formatted correctly and are accurate.

People sometimes forget to sign the form in the designated areas. Signatures are essential for the form to be valid. Ensure that both parties sign in the correct spots to avoid any issues.

Not having witnesses sign the form is another common error. The VS116 requires two witnesses to confirm the marriage. Without their signatures, the form cannot be processed.

Some individuals neglect to complete the new name fields if they wish to change their names after marriage. If you plan to adopt a new name, make sure to fill out these sections accurately to avoid future complications.

Lastly, failing to return the completed form within the required 10 days can lead to delays or invalidation of the marriage declaration. Make it a priority to submit the form promptly to ensure everything is processed smoothly.

Documents used along the form

The California VS116 form is a critical document used to declare a marriage that has been solemnized but lacks an official record. In conjunction with this form, several other documents may be required or beneficial during the marriage process. The following list outlines these additional forms and documents, each serving a specific purpose in the marriage licensing and declaration process.

  • Marriage License Application: This document is required to obtain a marriage license. It gathers essential information about both parties, including their names, dates of birth, and previous marriages.
  • Certificate of Marriage: Issued after the marriage ceremony, this document serves as proof of the marriage and is often needed for legal purposes, such as name changes or spousal benefits.
  • Witness Affidavit: This form is signed by witnesses who were present at the marriage ceremony. It attests to the validity of the marriage and may be required for certain legal processes.
  • Premarital Counseling Certificate: Some counties in California may require couples to complete premarital counseling. This certificate verifies that the couple has attended and completed the counseling sessions.
  • Change of Name Form: If either party intends to change their name after marriage, this form is necessary to officially request the change with the relevant government agencies.
  • Domestic Partnership Declaration: For couples who are registered domestic partners, this form may be needed to clarify the status of their partnership when applying for a marriage license.
  • Affidavit of Eligibility to Marry: This document is sometimes required to confirm that both parties are legally eligible to marry, including being of legal age and not currently married to another person.
  • Request for Certified Copy of Marriage License: After the marriage is recorded, this form allows couples to request certified copies of their marriage license for personal or legal use.

Understanding these documents can facilitate a smoother process for couples seeking to formalize their marriage in California. Each document plays a significant role in ensuring that the marriage is legally recognized and that the rights of both parties are protected.

Similar forms

  • Marriage License Application: Similar to the California VS116 form, a marriage license application collects essential information about both parties, including their names, birth dates, and addresses. It serves as a prerequisite for obtaining a marriage license, ensuring that both individuals meet the legal requirements to marry.
  • Certificate of Marriage: This document is issued after a marriage ceremony has taken place. Like the VS116 form, it serves as an official record of the marriage, providing details such as the names of the spouses, the date of marriage, and the location of the ceremony.
  • Affidavit of Marriage: An affidavit may be used to affirm the validity of a marriage when required. This document, like the VS116 form, involves a declaration under penalty of perjury, ensuring that the information provided is truthful and accurate.
  • Divorce Decree: A divorce decree is a legal document that finalizes the dissolution of a marriage. Similar to the VS116 form, it contains vital information about the parties involved, including names and dates, and is filed with the appropriate governmental authority to create an official record of the marital status change.
  • Domestic Partnership Registration Form: This form is used for registering a domestic partnership, similar to the VS116 form in that it requires personal information about both partners. It establishes a legal recognition of the partnership and outlines rights and responsibilities, akin to those outlined in marriage documentation.

Dos and Don'ts

When filling out the California Vs116 form, there are several important guidelines to follow. Here is a list of things you should and shouldn't do:

  • Do use dark ink only for all entries.
  • Do ensure all information is legible and clear.
  • Do enter the date and place of marriage accurately in the designated fields.
  • Do sign your names in the specified signature fields.
  • Do have two witnesses sign the form and provide their information.
  • Do return the completed form within 10 days of the marriage ceremony.
  • Don't make any erasures, whiteouts, or alterations on the form.
  • Don't forget to fill in all required fields; incomplete forms may be rejected.
  • Don't use a confidential marriage license if you want your marriage to be a public record.
  • Don't delay in submitting the form, as it must be returned promptly to be registered.

Misconceptions

  • Misconception 1: The VS116 form is only for couples who are getting married in California.
  • While the VS116 form is often associated with marriages, it is also used for couples declaring their marriage that has already taken place, ensuring that there is an official record of the event.

  • Misconception 2: You can fill out the form in any color of ink.
  • The instructions specify that you must use dark ink only. Using other colors may lead to issues with legibility and could potentially delay the processing of your application.

  • Misconception 3: The VS116 form can be altered or corrected after submission.
  • Once submitted, the form should not have any erasures, whiteouts, or other alterations. If there are mistakes, it is important to address them through the proper channels rather than trying to fix them on the form itself.

  • Misconception 4: You automatically receive a certified copy of your marriage record after submitting the form.
  • After submission, you do not automatically receive a certified copy. You must specifically request and pay for it from the local registrar of marriages in the county where the license was issued.

  • Misconception 5: You can change your first name on the marriage license.
  • The first name of the parties cannot be changed on the marriage license. Changes can only be made to middle and last names, following specific guidelines.

  • Misconception 6: The VS116 form is only relevant for heterosexual couples.
  • The form applies to all couples, including same-sex couples, who wish to declare their marriage in California. It is inclusive and adheres to the state's recognition of various types of partnerships.

  • Misconception 7: You can submit the VS116 form at any time after your marriage.
  • The form must be returned within 10 days of the marriage ceremony to be registered properly. Delays can complicate the official record of your marriage.

Key takeaways

Filling out the California VS116 form is an important step in declaring a marriage. Here are some key takeaways to keep in mind:

  • Legibility is crucial. Make sure all information is clear and easy to read. Avoid any erasures or alterations.
  • Use dark ink only. This ensures that your information is easily visible and reduces the chance of errors during processing.
  • Complete all required fields. Missing information can delay the processing of your marriage declaration.
  • Return the completed form promptly. You must submit the license and certificate within 10 days of the marriage ceremony.
  • Understand the implications of your declaration. Declaring a marriage makes it a public record, which may affect confidentiality if a confidential marriage license was previously used.