M21-1 Manual  /  Part VII, Subpart i, Chapter 2, Section C

Establishing Other Types of Marriages

M21-1, Part VII, Subpart i, Chapter 2, Section C

Overview

In This Section

 This section contains the topic “Tribal and Proxy Marriages.”

1. Tribal and Proxy Marriages

Introduction

 This topic contains information on tribal and proxy marriages, including
  • establishing the validity of a tribal marriage
  • definition of a proxy marriage, and
  • establishing the validity of a proxy marriage.

Change Date

 June 16, 2021

VII.i.2.C.1.a. Establishing the Validity of a Tribal Marriage

 If the validity of a marriage that was allegedly celebrated in accordance with tribal custom is at issue, follow the steps in the table below to obtain facts and circumstances surrounding the marriage.
StepAction
1 Request affidavits from the parties to the purported marriage that provide the
  • name of the tribe
  • date and place of the ceremony, and
  • name and address of the person who performed the ceremony.
2 Request affidavits from at least two persons who were present at the ceremony that provide the
  • name of the tribe
  • date and place of the ceremony, and
  • name and address of the person who performed the ceremony.
3 Request an affidavit from the person who performed the ceremony that provides
  • the date and place of the ceremony, and
  • that person’s authority for conducting the ceremony.
4 Obtain copies of any available written materials explaining the nature of the tribal marriage ceremony, such as that obtainable from textbooks or reliable Internet sites.
5 Request a District Counsel opinion regarding the validity of the marriage. Note: No administrative decision is required. Reference: For more information about requesting a District Counsel opinion, see M21-1, Part VII, Subpart i, 1.A.3.e.

VII.i.2.C.1.b. Definition: Proxy Marriage

 A proxy marriage is a marriage contracted or celebrated by one or more agents acting on behalf of the actual parties to the marriage.

VII.i.2.C.1.c. Establishing the Validity of a Proxy Marriage

 The validity of a proxy marriage depends on the law of the particular jurisdiction. If at issue, request copies of any documents or certificates issued in connection with the marriage. After development is complete, request a District Counsel opinion regarding the validity of the marriage under State law. Note: No administrative decision is required. Reference: For more information about requesting a District Counsel opinion, see M21-1, Part VII, Subpart i, 1.A.3.e.

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part VII, Subpart i, Chapter 2, Section C (U.S. government work, reproduced for reference). Browse all sections →