A couple who intends to be married in New York State must apply in person for a marriage license. The application for a license must be sworn and signed in the presence of the issuing clerk by both individuals. A representative cannot apply for the license on behalf of the couple. This applies even if the representative has been given Power of Attorney.
Marriage License Application
Marriage license applications should be submitted through the Town Clerk's secure online application. Application completion must be processed in-person. Please note, marriage license applicants must have the application completed and arrive no later than 4:00 pm on Tuesdays through Friday and no later than 6:30 on Mondays to receive same day service.
Appointments for marriage licenses are not required. All Monday evening applicants must submit the application online in advance.
Applicants for marriage licenses must be at least 18 years old. If either applicant is under 18 years of age, a marriage license cannot be issued.
Each applicant must present one of the following birth documents:
- Original or Certified Copy of Birth Certificate
- Baptismal Certificate with birth name, date of birth, place of birth and parents’ names and sealed by the church. Baptism must have occurred prior to the age of twelve.
Valid Photo Identification
Each applicant must present one of the following forms of valid photo ID:
- DMV non-driver’s ID
- Driver License
- Permanent Resident Card
- U.S. Military ID
- If divorced, applicant(s) must bring the Divorce Judgments from all previous marriages.
- If the previous marriage ended by the death of a spouse, a certified death certificate must be presented that lists the applicant as the surviving spouse.
If the above documentation is not in English, the document must be translated by a certified translator that is approved by the Town of Brookhaven.
- Only translations from a bona fide business, university, embassy, or consulate will be accepted.
- The translation must be on company, university or government letterhead with a copy of the original document attached.
- The translation must be completed from the original document, not a scanned, faxed or photo copy.
- The translation must include a statement of accuracy with the translator’s original notarized signature. This statement must attest to the accuracy of the translation and that the translator is competent to translate the specific language.
- You must bring the original document AND the original translation to the Town Clerk’s Office when applying for the marriage license.
Name Change Option
Notice to Applicants
Every person has the right to adopt any name by which he or she wishes to be known simply by using that name consistently and without intent to defraud.
A person's last name (surname) does not automatically change upon marriage, and neither party to the marriage must change his or her last name. Parties to a marriage need not have the same last name.
One or both parties to a marriage may elect to change the surname by which he or she wishes to be known after the marriage ceremony (solemnization of the marriage) by entering the new name in the space provided on the marriage license application. Such entry shall consist of one of the following surnames:
- the surname of the other spouse; or
- any former surname of either spouse; or
- a name combining into a single surname all or a segment of the pre-marriage surname or any former surname of each spouse; or
- a combination name separated by a hyphen or space, provided that each part of such combination surname is the pre-marriage surname, or any former surname, of each of the spouses.
Middle Name Options
One or both parties to a marriage may elect to change the middle name by which he or she wishes to be known after the solemnization of the marriage by entering the new name in the space provided on the marriage license application. Such entry shall consist of one of the following options:
- the current surname of the spouse electing to change his or her name; or
- any former surname of the spouse electing to change his or her name; or
- the surname of the other spouse.
The use of the name change option will have the effect of providing a record of the change of name. The marriage certificate, containing the new name, if any, constitutes proof that the use of the new name, or the retention of the former name, is lawful.
Neither the use of, nor the failure to use, this option of selecting a new surname or middle name by means of this application eliminates the right of each person to adopt a different name through usage at some future date.
There is a $40 fee for a marriage license.
Payment may be made by check, money order or credit/debit card. Personal checks must include the account holder’s address and telephone number. A service fee of 2.35% (minimum fee of $1.50) will be added to all credit/debit card transactions.