Declaration of Marriage

If you are a Montana resident and plan on having a destination wedding, you may be wondering what options you have for your marriage to be valid.  One option is by filing a written declaration of marriage with your county’s clerk of district court.  See § 40–1–311, MCA.  The written declaration serves as an official record of the marriage and is submitted after the wedding takes place.   

Before filing the written declaration with the district court, the parties must secure the appropriate medical certificate or waiver.  For forms specific to Gallatin County, visit here. There is no particular formatting that needs to be followed, but the declaration of marriage does need to contain the following information:

  • The name, age, and residential address of each of the parties
  • The fact of the marriage
  • The name of father and maiden name of mother of both parties, as well as the addresses of each parent
  • A statement that both parties are legally competent to enter into the marriage contract 

Both parties need to appear before the clerk of district court to sign and file their declaration.  Further, the declaration needs to be attested by at least two witnesses and formally acknowledged.  There is a filing fee of $53.00 and must be paid to the clerk at time of filing in cash.  If you have any questions, contact your county’s clerk of district court for more information on how to file a declaration of marriage.