California Family Code § 309: Denial of Marriage

If one spouse denies the existence of a marriage or refuses to cooperate in officially acknowledging it, California Family Code § 309 allows the other spouse to ask a court to formally recognize the marriage.

Plain-Language Summary

California Family Code § 309 deals with situations where one party says “we were never legally married” or will not help confirm the marriage. In simple terms, this law lets the other party go to court and get a ruling that the marriage is valid. In practice, if your spouse won’t sign the paperwork or tries to claim the marriage didn’t happen, you can file a court petition to have a judge declare that you are legally married. This typically involves providing proof of the marriage ceremony and any related facts so the court can formally acknowledge the marriage. Essentially, § 309 is a remedy to ensure a valid marriage is recognized even if one spouse won’t admit it.

Real-World Examples

Officiant Error, Spouse Denies Marriage: Imagine a couple has a wedding ceremony and obtains a marriage license, but due to a mistake (for example, the officiant fails to file the license with the county), the marriage was never officially recorded. Later, the husband tries to argue they aren’t legally married (perhaps to avoid obligations like spousal support). The wife can use Family Code § 309 to file an action in court to have the marriage legally recognized. The court would review evidence of the ceremony and license. If the only issue was a paperwork error, the court can declare the marriage valid despite the husband’s denial.
No License at Wedding: In another scenario, a couple participates in a marriage ceremony but never actually obtained a marriage license at all. They live as a married couple, but the husband refuses to file any official marriage declaration. The wife eventually seeks legal status as a spouse. Under § 309, she can initiate a court proceeding to determine the validity of the marriage. However, because they skipped the essential step of getting a marriage license, the court may find that no valid marriage was created. In California, a license and proper solemnization are required for a lawful marriage, so § 309 cannot be used to create a marriage where the fundamental legal requirements were not met in the first place. The outcome would likely be that the court informs the parties they must go through the proper licensing process to be legally married.

Published Case Law on § 309

The courts have interpreted and applied Family Code § 309 in various cases. Below are a couple of important examples:

In re Marriage of Cantarella (2011) 191 Cal.App.4th 916 – The Court of Appeal held that a marriage was still valid even though the marriage license was never registered with the county. In this case, the parties had a proper ceremony and obtained a marriage license, but the completed license was returned to them for a minor error and they never re-filed it. Years later, the husband claimed the 1991 marriage was not valid (to shorten the duration of the marriage for a spousal support dispute), since the license wasn’t on file. The court disagreed and ruled the marriage valid. The reasoning was that the couple had fulfilled the core requirements (obtaining a license, consenting, and having a ceremony). The failure to register the license was a clerical issue by the officiant or a party, which § 306 of the Family Code excuses if done by a non-party. The Cantarella court extended this protection even if the parties themselves failed to re-submit the license. In short, a mere failure to file the marriage certificate did not void the marriage.
Estate of DePasse (2002) 97 Cal.App.4th 92 – The Court of Appeal reached a different result where the parties never obtained any marriage license at the time of the ceremony. In DePasse, a couple participated in an urgent bedside marriage ceremony because one person was terminally ill, but they intentionally did not get a license due to the circumstances. After the death, the surviving partner attempted to establish that a valid marriage existed (to inherit as a spouse) by petitioning under Health & Safety Code § 103450 (the procedure referenced in Family Code § 309). The court ruled that the marriage was not valid because a marriage license is a mandatory requirement in California. Simply having a ceremony without a license meant no legal marriage was created. Moreover, the post-ceremony court order (through H&S § 103450) to record the marriage did not retroactively make the marriage valid — it only created a record of the ceremony. The court also noted that the surviving partner could not be considered a “putative spouse” (someone who wrongly but in good faith believes they are married) because he knew no license was obtained. Thus, under § 309 and related laws, one cannot circumvent the licensing requirement; a court can declare a marriage valid only if the basic legal steps for marriage were initially satisfied.

Full Text of California Family Code § 309

309. If either party to a marriage denies the marriage, or refuses to join in a declaration of the marriage, the other party may proceed, by action pursuant to Section 103450 of the Health and Safety Code, to have the validity of the marriage determined and declared.

Disclaimer: This content is provided for general informational purposes only and is not legal advice. Laws and their interpretations can change, and how the law applies to your specific situation may vary. For advice regarding your own circumstances, you should consult a qualified attorney.