Introduction

There is more to getting married than choosing a day, a celebrant, a reception centre, the menu, attendants, dress, etc. Marriage is a legal contract between a man and a woman committing to live together forever to the exclusion of all others. In order to make sure a marriage is legal, and in keeping with the Marriage Act, there are a number of requirements that need to be fulfilled. Therefore, it is important to be aware of these ensuring they are included in any marriage preparations and ceremony.

Celebrant

Deciding on a civil marriage celebrant can be difficult. It is a personal consideration that is the most significant decision to be made regarding a wedding. It is the marriage celebrant who solemnises marriages according to law and assists in designing a wedding ceremony that not only complies with law, but also reflects the values, meaning of love and commitment of the bride and groom.

Celebrants are professionally qualified civil or religious celebrants registered by the government to perform marriages. Every registered celebrant has a registration number which should be confirmed by those marrying. The celebrant has access to all documents, forms and certificates required to perform and register marriages.

By law, celebrants must give counselling on what it means to be married, the laws to be known and where to go for marriage education and counselling. This is contained in a pamphlet ‘Happily Ever...Before & After’ a copy of which must be given to each the bride and groom.

All registered civil celebrants subscribe to the ‘Code of Practice for Marriage Celebrants’ which is enshrined in the Marriage Act. This Code requires a high standard of service, recognition of the significance of marriage, compliance with the Marriage Act, standards and professionalism, and a knowledge and understanding of family relationship services.

The celebrant has the responsibility of ensuring all documentation with regard to a marriage is forwarded to the appropriate government department within 14 days of the completion of the ceremony.

Proof of Age & Status

In order to be married a "Notice of Intended Marriage" form must be lodged with the celebrant. A celebrant will have access to these forms or you can download a copy from the Attorney General’s Department website. The Notice of Intended Marriage must be lodged with the celebrant at least one month prior to the ceremony and is valid for a minimum of 18 months.

The age of 18 years must be attained to qualify for marriage. Exceptions can be made only with a Judge’s permission. Under certain circumstances the period of ‘Notice’ may be shortened and the age restriction dropped. A celebrant should be able to assist with such applications.

The documents required to be married are:

If you have been never married you will each require an original copy of your Birth Certificate or official Extract of Birth - available through the Office of Births Deaths and Marriages.

If you have been previously married and:

• are divorced, a Birth Certificate & Divorce Papers clearly indicating the Decree Absolute

• are a widower or widow, a Birth Certificate & the Death Certificate of your previous spouse

If born overseas and the Birth Certificate and all records of birth have been destroyed a Statutory Declaration may be completed.

Ceremony and Words

A good marriage celebrant will offer the opportunity to draft a ceremony with the freedom to express thoughts and feelings in special and unique way. Within this however, there are ‘Forms of Words’ that must be included in the ceremony.

• The celebrant must make clear his/her authority to perform the ceremony stating early in the ceremony, "I (Celebrant’s name) am duly authorised by law to solemnise marriages according to law."

• The nature of marriage is enshrined in Family Law instructing that it is a solemn and binding union of a man and a woman, voluntarily entered into for life, to the exclusion of all others. Prior to the bride and groom exchanging their vows, the celebrant must publicly ask, "(names of Bride & Groom) before you are joined in marriage, in my presence, and in the presence of your witnesses, I am obligated to remind you of the solemn and binding nature of the relationship into which you are now about to enter. Marriage, according to law in Australia, is the union of a man and a woman to the exclusion of all others, and is voluntarily entered into for life. Do you come here freely to enter into this life long relationship?"

• The Bride and Groom are free to write their own vows, however at some stage they must include the following words, "I call upon the persons here present to witness that I (name) take you (name of partner) to be my lawful wedded (husband/wife)."

The marriage ceremony must be attended by a minimum of two witnesses over the age of 18 years who can hear the wedding vows being spoken and are prepared to sign the documentation as witnesses to the marriage. There are two Certificates of Marriage and the Marriage Register to be signed at the appropriate point in the service by the Bride, Groom, both witnesses and the celebrant. The ceremonial certificate is presented to the Bride while the other documents are retained by the celebrant for forwarding to the relevant government body along with any other statutory declarations, consents, certifications, and dispensations applicable to the marriage for the marriage to be officially registered.

Conclusion

There is a lot to be considered, understood and seen to, to ensure that a marriage is considered legal. Follow the guidance in this article in choosing a celebrant and in preparing and conducting a marriage ceremony and a legal marriage can be assured.