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Legalities

What is great about using a Civil Marriage Celebrant?

  • A guarantee that your ceremony is crafted the way that you want it to be
  • Your ceremony can take place anywhere, any day and any time in Australia
  • You have complete control, so you can craft a ceremony that is unique and personal
  • You can involve family and friends and you can incorporate ritual, themes, poems, readings and music if you choose
  • Your options are only limited by your immagination
 
Although you have so many choices in regards to your ceremony there are also certain legal requirements which as a Civil Marriage Celebrant I am required to attend too before, during and after your ceremony to ensure that you have a validly legally binding marriage. 

 

  • Ensure that your Notice of Intended Marriage Form is filled out correctly and witnessed by the appropriate authorised persons
  • Ensure that your Notice of Intended Marriage Form is given to me at least one month and one day before your ceremony and no sooner that 18 months before
  • Ensure that all supporting documentation is sighted where needed
  • Ensure that both parties understand and consent to the solemn and binding nature of marriage
  • Ensure that both parties are over 18 
  • Ensure that you have two acceptable witnesses attending your ceremony that are over 18
  • Ensure that I introduce myself at the beginning of the ceremony as an Authorised Celebrant
  • Ensure that I use your full names at least once through the ceremony
  • Ensure that your vows are acceptable to the Marriage Act 1961 section 45
  • Ensure that I state the words in section 46 of the Marriage Act 1961 referred to as the monetum 
  • Ensure that all paperwork is forwarded on to the appropriate Registry Office within the 14 day period required (However I forward all documentation the next business day after your ceremony)
 
Shortening of Time
 
Special Circumstances do arise and perhaps you are not able to wait the required one month.  There are five categories of circumstances set out in the Regulations. These are: 
 
  1. Employment–related, or other travel commitments
  2. Wedding or celebration arrangements, or religious considerations 
  3. Medical reasons
  4. Legal proceedings, and
  5. Error in giving notice.
A request for a shortening of time can be applied for however it is not a guarantee that your request will be accepted.

 

Required Indentification

Documents that I must sight before your marriage include:

  • Original birth certificate or extract of birth (For Australian Born parties)
  • Original birth certificate and a valid passport (For parties born overseas) if unable to provide these documents a Commonwealth Statutory Declaration must be completed
  • If you have changed your name you must provide a change of name certificate 
  • If either party has previously been married evidence of the end of that marriage is required
    Original Death Certificate - If your previous spouse has passed on
    Original Divorce Certificate or Decree Absolute if divorced
If one party is under the age of 18 written consent from their parents is required along with a court order.
I am legally obliged to sight these original documents and failure to produce them will mean that I am unable to marry you
 
 
Interpretation
 
If parties to be married and their witnesses are unable to speak and understand English an Accredited interpreter must be used. Please refer to my resources page if you require further information regarding contacting an Accredited interpreter.  All Original documentations not in English will also need to be translated into English by an accredited translator also.  

 

Witnesses

The witnesses that you choose must be 18 years of age or older

 

Changing your Surname

If you choose to take your husband's surname after marriage the marriage certificate given to you on your wedding day is you legal evidence of your marriage however it is not a recognised identity document by many institutions in order to change your surname. 

A registry-issued marriage certificate can be purchased from the Births Deaths and Marriages office costing approximately $34.00 (price to be confirmed through Births Deaths and Marriages).

 

 

© 2010 Lovelea Ceremonies by Leanne Wood 

 

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