What this means
m21-1:VII.i.2.C explains establishing other types of marriages. In plain terms, the official guidance says 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. It also addresses a proxy marriage is a marriage contracted or celebrated by one or more agents acting on behalf of the actual parties to the marriage.
How this may help with a claim
Use m21-1:VII.i.2.C when organizing evidence or checking VA's handling of establishing other types of marriages. Compare your application, supporting records, and notice with this source-specific point: 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. A proxy marriage is a marriage contracted or celebrated by one or more agents acting on behalf of the actual parties to the marriage. Save proof of submission and identify the exact condition, exception, or missing development step before requesting correction or choosing a review option.
What to review in your file
- Check the file against this official condition: 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.
- Confirm that the record or notice addresses this source point: Step — Action; 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.;
- Document how this stated step or exception applies: 5 — Request a District Counsel opinion regarding the validity of the marriage. Note: No administrative decision is required. Reference:
Important limits
m21-1:VII.i.2.C explains VA guidance for establishing other types of marriages; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: 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. 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.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Establishing Other Types of Marriages
- m21-1:VII.i.2.C
- Establishing Other Types
- Marriages
- Tribal Proxy Marriages
- establishing validity tribal marriage
- definition proxy marriage
- establishing validity proxy marriage.
Original VA guidance
The official VA text of this section
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.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 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.