with many thanks to Stan Karasinski.
Although a Marriage Celebrant can provide you with a very flexible approach to marriage, there are certain things a marriage celebrant must do to fulfil his or her legal requirements for solemnising the marriage.
These include:
1. Accepting a notice of intended marriage,
2. Signing all legal documentation,
3. Sighting particular documents, as required by the Act,
4. Saying the words required by section 46 of the Marriage Act 1961,
5. Being physically present at and witnessing the marriage ceremony, and
6. Ensuring that the couple clearly express their commitment to each other as husband and wife in front of the witnesses in accordance with Section 45(2) of the Act.
7. Witnessing relevant documents
8. Submitting relevant documents to State Authorities.
The legal requirements are as described by
the Marriage Act 1961-1976.
The legal requirements of getting married are quite straightforward and once you
have decided how you'd like to be married, Pat will advise you of your responsibilities,
and help ensure you meet them.
However, as in all areas of life, it pays to know where you stand legally, so we'll take a quick look at how the law sees your intention to wed.
A Notice of Intended Marriage must be lodged, no less than one Calendar month (i.e. if lodged on the 2nd of this month you may get married on the 3rd of the next month) and not earlier than eighteen months, prior to the selected wedding date.
In exceptional cases, this waiting time may be waived/ or shortened by the "Prescribed Authority" in each state and Territory of Australia.
The "Notice of Intended Marriage" Form is available to download here
or from Pat
to sign at his office. On completion of the form it should be lodged. Once lodged
you have started the legal marriage process.
At the Interview Pat will require to produce:
1) Proof of identification as to who you are.
2)If you are an Australian born Citizen - An extract or original of your Birth Certificate.
3) For Overseas Born Citizens - Birth Certificates, as well as, Current Passports for identification.
If either party has been previously married in addition to the above:
4) A Decree Absolute or Death Certificate is required as proof that any other previous marriage has been terminated.
All Documents presented as proof are to be in the English Language or translated into English by National Accreditation Authority for Translators and Interpreters Ltd (NAATI) Tel: 1300 557 470 or email info@naati.com.au website, www.naati.com.au, or other recognised authorities as prescribed from time to time.
If one partner wishing to marry is under 18 years of age, the legal road ahead is going to be a little rockier, than if you were both 18 years or older.
If one partner is younger than 18, you must have parental consent and a magistrate or judge's order before you can be married.
The same applies if both partners are younger than 18, but it appears to be more
difficult to receive the magistrate's or judge's order if both partners are not legally
of age.
Person's under the age of Eighteen years of age cannot legally be married without
a court order.
Marriage of any person under 18 years without an order of a judge or magistrate is Invalid.
After you have decided where you want to be married, it's time to set a date ... and a time.
To do this, firstly have several suitable dates and times. It's now time to, approach Pat to book his services and your chosen venue for an available date and time.
Living in Queensland, we are blessed with many months of the year in sunshine, so outdoor weddings are a common theme, but be aware to allow your guests to have shade from the intense rays of the sun.
Be concerned for the welfare of your guests and any 'oldies' who might not be able to handle the extreme temperatures in the full sun or the heat of the day.
The following points relating to beach weddings should be noted and checked for all outdoor weddings:
- Council Permission needed?
- Consider Children and Supervision.
- Remember the
sand between the toes, wear appropriate footwear
- The Sun... It burns!
- Walking
distance for everyone.
- The disabled, can they get there? Are ramps there for wheelchairs etc.
- Toilets and other amenities.
- Parking facilities
and...
- WHAT HAPPENS IF IT RAINS?
ALWAYS have a “Plan B” worked out !!
If one of you lives overseas and is applying to immigrate to Australia using a Prospective
Spouse Visa, the Department of Immigration requires that you provide proof of your
intent to marry.
So, you will need to lodge a “Notice of Intended Marriage” (NOIM)
form with Pat, and at that time he can supply a letter to you if required for the
relevant Government Dept stating that you have completed the NOIM paperwork and intend
to marry on a nominated date. Sometimes there will be an extra fee for this letter,
dependant on the complexity. After receiving the Visa, you have 9 months in which
to marry.
Dependant on your Nationality, you must produce a mix of Birth Certificates, Passports,
2 forms of photo ID, Divorce or Death certificates (if prior spouse is deceased)
and Change of name Certificates. (Pat will advise here)
All documents must be translated
into English by an authorised translator. (see above)
If a problem, Pat only needs
to see copies of these documents at the lodgment of NOIM, but he must sight the
originals prior to the ceremony. The witnessing of the NOIM can be done by an authorised
person listed on the back of the form and then sent to me. Please remember not to
sign or date the form, before your signatures are witnessed.