Legal Stuff

DUE TO AMENDMENTS TO THE MARRIAGE ACT, THE FOLLOWING INFORMATION IS LEGALLY CORRECT FROM THE 9TH DECEMBER, 2017.

I am bound by the Marriage Act 1961 as an authorised Marriage Celebrant.

• You must both be over the age of 18 years.
• The Notice of Intended Marriage (NOIM) should be completed and given to me between one month and eighteen months of the proposed marriage date.
• When filling the NOIM, you need to produce your original Birth Certificates if born in Australia and Passports if born overseas.
• If filling NOIM by hand it must be written in black pen.
• If either of you have been previously married you must produce your Divorce Decree Absolute papers as well as your previous Marriage Certificates prior to the divorce.
• If either of your spouses is deceased then you must produce the Death Certificate.
• On the day of your marriage you must have 2 witnesses over the age of 18 years and 3 other people who witness the vows.
• I will also request that a Statutory Declaration as to conjugal status be signed prior to the wedding taking place.
• I must include the Monitum (a latin word meaning ‘warning’!) before you exchange your vows to the effect of these words: (According to Section 46 of the Marriage Act)

“As a civil marriage celebrant, I am duly authorised by law to solemnise this marriage today.
Before you are joined together in marriage in my presence and in the presence of all gathered here today, I am bound to remind you of the serious and binding nature of the relationship into which you are about to enter.
Marriage according to law in Australia is the union of two people to the exclusion of all others, voluntarily entered into for life.”

• At some point during the ceremony, you must both include the vows (best to do early in the ceremony)…

“I call upon the persons here present to witness that I ……” (stating your full name ) take you …… (stating your spouse to be’s full name) to be my lawful wedded husband/wife/spouse/partner.”

• Three documents must be signed by the the couple, their two witnesses and the Marriage Celebrant immediately after the ceremony.

1. A Marriage Certificate for the couple to keep.
2. An official certificate that I send off to the registrar of Births, Deaths and Marriages.
3. A second official document – the Marriage Register.

• I am also required to inform you of the procedure for making a formal complaint about a marriage celebrant. A written complaint needs to be made within 3 months of the matter complained of and must include the following:

1. The name of the celebrant
2. The full details of the complaint and whether or not it has been the subject of other proceedings
3. The name and contact details of the person making the complaint. No anonymous complaints will be accepted.