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Difference Between a Confidential and a Public Marriage License

Which type of marriage license will be right for you.

What Is the Difference?

Public

  • The couple does not need to live together at the time of application.
  • You can get married anywhere in California.
  • One witness signature is required, but there is the option to have two witnesses. A witness must understand they are witnessing a marriage ceremony and be able to sign their name. There is no age requirement.
  • The record is open to the public.

Confidential

  • The couple must live together at the time of application.
  • You can get married anywhere in California.
  • No witness is required.
  • No one but the couple has access to the record.

After the Ceremony

Public

  • The license is registered with the Marin County Recorder’s Office.
  • Once registered, the license becomes a public record.
  • Only certain people can request a certified authorized copy, as defined in H&S 103526.
  • Others can request a certified informational copy.

Confidential

  • The license is registered with the Marin County Clerk’s Office.
  • Once registered, the license remains confidential.
  • Only the couple can request a copy, unless someone has a court order.

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Page updated June 23, 2025