Performer Guidelines

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• Marriage Performer Guidelines

• Civil Union Performer Guidelines

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Marriage Performer Guidelines

The top and lower portion of the marriage license worksheet will be completed by the marriage license agent. The couple will sign the worksheet in the presence of the agent prior to the marriage and in your presence after the marriage has been performed. You will be responsible for the completion of the performer section in the electronic marriage registration system. If you are using a paper worksheet, use a permanent black ink pen and please make entries accurate and legible.

PERFORMER SECTION:

 Declared Middle and Last Names:
 To be completed by the Applicants:

• Middle Name(s): Each applicant to print middle name(s) he/she will be using after marriage.  No first names should be entered
• Last Name: Each applicant to print last name he/she will be using after marriage.
Note: These are individual choices and do not have to match.

 Applicants’ Legal Signatures After Marriage:

• Enter legal signatures in respective spaces provided. Signatures should match the entries for middle and last names.

 Date of Marriage:

• Enter date of marriage in full. Do not use abbreviations or numerals. For example: entry should be "January 1, 2010" and not "Jan 1, 2010" or "1/1/10". Be sure date of marriage does not precede the date license was issued. Also, license is good only for 30 days counting the date of issuance. DO NOT PERFORM MARRIAGE IF LICENSE HAS EXPIRED.

 Place of Ceremony:

• Enter actual place of ceremony.
• If in a church, give full official name of the church, street address and city or town.
• If at a private residence, give street address and city or town.
• If at a park, beach or other recreational area, enter correct name. Obtain official name by reading the sign posted at the entrance. Also, enter name of city or town. For example, the park at Round Top should be entered "Puu Ualakaa State Park, Honolulu" and not "Round Top Park, Honolulu".
• If at a hotel or public building, give the name, street address, and city or town.
• If on a boat within the three-mile limit, give best description of location. For example, "Aboard 'Leilani' approximately one mile offshore fronting Aloha Tower".

 County of Ceremony:

• Enter correct county. On Oahu, the county should always be Honolulu county; the Big Island of Hawaii is Hawaii county; Niihau and Kauai are Kauai county; and Molokai, Lanai and Maui all come under Maui county. Kalawao comes under Kalawao county.

 Island of Ceremony

• Enter correct island where marriage is performed.

 Type of Ceremony:

• Type of ceremony: enter religious or civil. Do not enter "Christian", "Buddhist", etc.

 Marriage Performer's Signature:

• Your signature should be in this space. Print your name and title in the next space.
• Enter your license number in left margin next to commission number heading.

Legality of Declared Names and Electronic and Written Signatures

The declaration by the applicants of their middle and last names at the time of marriage is a legal name change pursuant to HRS Chapter 574.

No amendments to acceptable declared names will be allowed, except by a legal change of name. There will be no follow-up queries regarding the declared names unless they are not allowable by Hawaii Revised Statues (see below).

§ 574-1 Married persons. Upon marriage each of the parties to a marriage shall declare the middle and last names each will use as a married person. The last name or names chosen may be any middle or last name legally used at any time, past or present, by either spouse, or any combination of such names, which may, but need not, be separated by a hyphen. The middle name or names chosen may be any middle or last name legally used at any time, past or present, by either spouse, or any combination of such names, which may, but need not, be separated by a hyphen. / L 1860, p32, §1; RL 1925, §3119; RL 1935, §4663; RL 1945, §12384; RL 1955, §327-1; HRS §574-1; am L 1975, c 114, §1; am L 1991, c 121, §1; am L 1993, c 346, §1 /

CHAPTER 572 - MARRIAGE

572-13 Record of Solemnization, Marriages, Reported by Whom

(a) Recordkeeping. Every person authorized to solemnize marriage shall make and preserve a record of every marriage by the person solemnized, comprising the names of the applicants, their place of residence, and the date of their marriage. Every person authorized to solemnize marriage, who neglects to keep a record of any marriage by the person solemnized shall be fined $50.

(b) Marriages, reported by whom. It shall be the duty of every person, legally authorized to perform the marriage ceremony, to report within three business days every marriage ceremony, performed by the person, to the agent of the department of health in the district in which the marriage takes place setting forth all facts required to be stated in a standard certificate of marriage, the form and contents of which shall be prescribed by the department of health.

572-13.5 Revocation or Suspension of License to Solemnize

Any license to solemnize marriages issued pursuant to section 572-12 may be revoked or suspended by the department of health, if the holder of the license has failed to comply with the applicable provisions of this chapter or of the rules of the department of health.

572-15 Delivery of Record to Department of Health, Penalty

Whenever any person holding a license to perform the marriage ceremony is directed to do so by the department, or whenever the license is canceled or otherwise terminated or upon the departure from the State of any such person, the person shall deliver to the department all the person's record of marriages, or upon the death of any such person such records will be delivered to the department by the person’s personal representative, or other legal representative.

Any person violating this section shall be fined not more than $500.

572-16 Rules and Regulations
The director of health may make such rules and regulations as may be necessary or appropriate to carry out the provisions of this chapter.

Registration of Marriage

Act 182, approved June 3, 1972, makes it valid for the marriage ceremony to be performed any place in the State of Hawaii.

We are requesting your cooperation in the electronic filing of the record within three working days. If filing electronically, do not submit the worksheet to the Department of Health. However, if you are not completing the record electronically, you, as a performer (not the couple), will need to submit the completed paper worksheet to the local registrar on the island where the marriage took place. Please be aware that if you complete the record by paper, the couple will not be able to print their temporary marriage certificate.

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Civil Union Performer Guidelines

The top and lower portion of the civil union license worksheet will be completed by the civil union license agent.  The couple will sign the certificate in the presence of the agent prior to the civil union and in your presence after the civil union has been performed.  You will be responsible for the completion of the performer section in the electronic civil union registration system.  If you are using a paper worksheet, use a permanent black ink pen and please make entries accurate and legible.

PERFORMER SECTION:

 Declared Middle and Last Names:
 To be completed by Partner A:

• Middle Name(s): Partner A to print middle name(s) he/she will be using after civil union.  No first names should be entered
• Last Name: Partner A to print last name he/she will be using after civil union.

 To be completed by Partner B:

• Middle Name(s): Partner B to print middle name(s) he/she will be using after civil union. No first names should be entered .
• Last Name: Partner B to print last name he/she will be using after civil union.


Note: These are individual choices and do not have to match.

 Partner A and Partner B's Legal Signatures After Civil Union:

• Enter legal signatures in respective spaces provided. Signatures should match the entries for middle and last names.

 Date of Civil Union:

• Enter date of civil union in full. Do not use abbreviations or numerals. For example: entry should be "January 1, 2010" and not "Jan 1, 2010" or "1/1/10". Be sure date of civil union does not precede the date license was issued. Also, license is good only for 30 days counting the date of issuance. DO NOT PERFORM CIVIL UNION IF LICENSE HAS EXPIRED.

 Place of Ceremony:

• Enter actual place of ceremony.
• If in a church, give full official name of the church, street address and city or town.
• If at a private residence, give street address and city or town.
• If at a park, beach or other recreational area, enter correct name. Obtain official name by reading the sign posted at the entrance. Also, enter name of city or town. For example, the park at Round Top should be entered "Puu Ualakaa State Park, Honolulu" and not "Round Top Park, Honolulu".
• If at a hotel or public building, give the name, street address, and city or town.
• If on a boat within the three-mile limit, give best description of location. For example, "Aboard 'Leilani' approximately one mile offshore fronting Aloha Tower".

 County of Ceremony:

• Enter correct county. On Oahu, the county should always be Honolulu county; the Big Island of Hawaii is Hawaii county; Niihau and Kauai are Kauai county; and Molokai, Lanai and Maui all come under Maui county. Kalawao comes under Kalawao county.

 Island of Ceremony

• Enter correct island where civil union is performed.

 Type of Ceremony:

• Any ordained or licensed member of clergy may solemnize a civil union.  Solemnization may be entirely secular or may be performed according to the form and usages of any religious denomination in this State. (Act 1, section -4(b), Session Laws 2011).  Type of ceremony: enter religious or civil. Do not enter "Christian", "Buddhist", etc. 

 Civil Union Performer's Signature:

• Your signature should be in this space. Print your name and title in the next space.
• Enter your license number in left margin next to commission number heading.

Legality of Declared Names and Electronic and Written Signatures

The declaration by the partners of their middle and last names at the time of the civil union is a legal name change.

No amendments to acceptable declared names will be allowed, except by a legal change of name.

CHAPTER 572 - MARRIAGE

572-13 Record of Solemnization, Marriages, Reported by Whom

(a) Recordkeeping. Every person authorized to solemnize marriage shall make and preserve a record of every marriage by the person solemnized, comprising the names of the man and woman married, their place of residence, and the date of their marriage. Every person authorized to solemnize marriage, who neglects to keep a record of any marriage by the person solemnized shall be fined $50.

(b) Marriages, reported by whom. It shall be the duty of every person, legally authorized to perform the marriage ceremony, to report within three business days every marriage ceremony, preformed by the person, to the agent of the department of health in the district in which the marriage takes place setting forth all facts required to be stated in a standard certificate of marriage, the form and contents of which shall be prescribed by the department of health.

572-15 Delivery of Record to Department of Health, Penalty

Whenever any person holding a license to perform the marriage ceremony is directed to do so by the department, or whenever the license is canceled or otherwise terminated or upon the departure from the State of any such person, the person shall deliver to the department all the person's record of marriages, or upon the death of any such person such records will be delivered to the department by the person’s personal representative, or other legal representative.

Any person violating this section shall be fined not more than $500.

572-16 Rules and Regulations
The director of health may make such rules and regulations as may be necessary or appropriate to carry out the provisions of this chapter.

ACT 1, §-4(e) CIVIL UNION, SESSION LAWS 2011

 § -4 Solemnization; license to perform; refusal to join persons in a civil union.

(e) No person shall perform the solemnization of a civil union without first having obtained a license from the department of health.  The department of health shall issue licenses to solemnize civil unions in the same manner as it issues licenses pursuant to chapter 572.  The department of health may revoke or suspend a license to solemnize civil unions.  Any penalties or fines that may be levied or assessed by the department of health for violation of chapter 572 shall apply equally to a person licensed to solemnize civil unions.

ACT 1, §-9 CIVIL UNION, SESSION LAWS 2011

 § -9 Benefits, protections, and responsibilities.

Partners to a civil union lawfully entered into pursuant to this chapter shall have all the same rights, benefits, protections, and responsibilities under law, whether derived from statutes, administrative rules, court decisions, the common law, or any other source of civil law, as are granted to those who contract, obtain a license, and are solemnized pursuant to chapter 572.

Registration of Civil Union

Per Act 1, section -5(a)(3), Session Laws 2011, the prospective partners may only obtain a civil union license from an agent in the county in which the civil union is to be solemnized or in which either prospective partner resides.

We are requesting your cooperation in the electronic filing of the record within three working days. If filing electronically, do not submit the worksheet to the Department of Health. However, if you are not completing the record electronically, you, as a performer (not the couple), will need to submit the completed paper worksheet to the local registrar on the island where the civil union took place. Please be aware that if you complete the record by paper, the couple will not be able to print their temporary civil union certificate.

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