Both parties must appear
*Submit proof of identity and age
*Certified copy of birth certificate, if age 16-17 only
*Pay fee of $82.00
18 years of age and over present photo identification issued by this state or another state, the U.S. or a foreign government. Drivers license, military ID or passport are acceptable forms of identification.) All documents must be current. We will not accept an expired document.
*Both parties must be 18 years or older (ages 16-17 requires parental consent)
*Both parties must provide their social security number or state they have none
*Both parties must provide all information as required on the application
*Both parties must take the oath printed on the application and sign in the presence of the Clerk
*If an applicant is unable to appear personally before the Clerk, any adult person or the other applicant may apply on behalf of the applicant. The person applying on behalf of the absent applicant shall provide the clerk with a properly executed absent applicant affidavit. Original ID of the absent applicant must be submitted with the affidavit.
Effective September 1, 2013 - A person who is incarcerated may not apply for a marriage license.
Ages 16-17 applicants must be accompanied by a parent or legal guardian. Parent or guardian must provide valid identification and proof of parentage.
If either applicant is divorced the divorce must have been final for 30 days prior to obtaining a new marriage license unless the applicant has a court order waiving the 30 day period.
There is a 72 hour waiting period once a couple has obtained a marriage license. This means that the couple cannot get married until that 72 hour waiting period is over. The only way to waive the 72 hour waiting period is per a Judge's order or if one of the applicants is on active military duty or the couple completes the "Twogether in Texas" program and presents the certificate of completion.
"Twogether in Texas" Program
Couples completing the State Approved Pre-marital Education Course may have the formal license fee reduced to $22.00 and the 72-hour waiting period waived by presenting the state-issued course completion certificate when applying for the license. Please visit www.twogetherintexas.com to locate classes in your area.
Informal Marriage Licenses (Common Law)
The County Clerk's office also issues Declaration of Informal Marriage Licenses sometimes referred to as a Common Law Marraige License. The cost is $47.00. Both parties must be present. Current, valid identification must be provided, along with Social Security number. It is important to note that Informal
Marriage Licenses are not recognized by the Federal Government.
Certified Copies of Marriage Licenses
The County Clerk's office has marriage licenses from 1837 to the present. Marriage Licenses are public records and anyone wishing to obtain a copy may do so. The cost of a certified copy is $7.00. Only certified copies may be issued. A request for a copy may be made in person or by sending payment along withy the party's names and date of marriage to: County Clerk, 100 E. Main, Suite 102, Brenham, TX 77833.
The clerk's office also has index information available online at www.edoctecinc.com.