Your big day has arrived! You’ve chosen to be married by an
authorised Civil Marriage Celebrant. All your special people have gathered
together for your ceremony and the happy celebrations to follow.
Your ceremony has begun.
But - when does your marriage actually start?
What is decreed by the Australian Marriage Act of 1961,
that’s still in effect in 2023, as the lawful beginning of your marriage?
When does your marriage come into legal effect?
When are you committed to the voluntary choice of
your partner, as your partner in marriage for life?
When are you legally committed to your partner as your exclusive
partner in marriage for life?
When does your married life start?
Here are five possible answers:
A When you say
‘I do’?
B When your celebrant pronounces you ‘husband and wife’?
Or announces something like:
‘Congratulations, you are married!’?
C When you
sign your certificates?
D When your
marriage is registered with the Registrar?
E None of the
above.
The most popular answer is probably C When
you sign your certificates.
This isn’t correct however.
Your three certificates of marriage
will state that a legal marriage has already been solemnised aka
legalised). The certificate you’ll take home with you on the day – and if I’m
your celebrant, your certificate will be printed in the font of your choice –
will have these words:
I (legal name of
celebrant) having authority under the Marriage Act 1961 to solemnise
marriages, hereby certify that I have this day at (your location) duly
solemnised marriage in accordance with the provisions of that Act
between (names of parties to the marriage) in the presence of the
undersigned witnesses.
So, the answer When you sign the
certificates isn’t correct.
Another popular answer is A When
you say ‘I do’.
This answer is correct but it’s not
always possible. It can be correct in a particular circumstance.
I’ll explain:
In Australia, you can only use classic
‘I do’ vows of marriage in church, or other religious setting.
Your religious celebrant can ask you: ‘Do
you take (name of your partner) to be your husband/wife/partner for life?’
And you can say ‘I do’. When you’ve both made a vow of marriage, then you are
legally married. If you get married by a civil marriage celebrant however, this
is not possible.
The Australian government does not
allow ‘I do’ marriage vows in civil ceremonies.
Personally, as a celebrant from way
back when ‘I do’ vows were possible, I’m sad about this. Many couples would
still love to have these classic vows.
In a civil marriage ceremony nowadays,
you must state your own name in your marriage vow and your celebrant can’t do
this for you (with both of you just saying: I do).
Your civil celebrant can say your name
in a vow which they’ll prompt you to repeat, but you must state your name in
your vow yourself to make your marriage legal.
In the Marriage Act, this is written as
I AB take you CD, etc
You can take each other as lawfully
wedded wife/husband/spouse.
Or lawful wedded
wife/husband/spouse.
Or lawful wife or lawful husband/spouse.
Or wedded wife or wedded husband,
but not just simply, husband and wife (I’m not sure if this legal
requirement applies in church or not.)
Or you can say partner in
marriage and this is a popular option with many couples.
You may choose to have ‘I do’ vows
somewhere else in your ceremony where you make other pledges to each other but
these vows cannot legally be your vows of marriage.
When does your married life together actually start?
Let’s look at another popular belief:
B When your celebrant pronounces you ‘husband and wife’?
Or says something like: ‘Congratulations,
you are married’?
B is not the right answer because you’re already legally married by this
time. This pronouncement is an exciting moment however, because it confirms
that you are married. And it’s your big opportunity to kiss!
At the end of your ceremony, you may
choose to have your celebrant pronounce that you are ‘now husband and wife’ –
or not.
Your celebrant may actually say ‘with
the power vested in me’ to make it sound like the pronouncement of husband and
wife or wife and husband, or husband and husband, or wife and wife – or other variation which you choose together as a couple – is the big
moment that your marriage begins. But these words you see in movies, would just be theatre. Likewise, if you have both signed your Declarations before your ceremony, as the law requires you must, then no-one else can object, like in 'Speak now or forever hold your peace!' Any call for objections would just be for show.
There’s no legal requirement to have a
pronouncement of your new status before your first kiss as married partners.
The choice is yours. And you may or may not wish to publicly kiss.
So - when your celebrant pronounces you
‘husband and wife’, your marriage is already in legal effect. You’ll then sign three certificates which certify this fact. Your
celebrant signs these three certificates and so do both of you, and your two
adult witnesses.
Note here that your witnesses can be
any adults with a good command of English.
If your witnesses are related to you,
that’s not a problem.
Also note here that I specialise in
simple weddings, and simple weddings are sometimes elopements. If a couple
wishes to keep their marriage to themselves, then I find two witnesses for
them, usually from my family or neighbours. You’ll notice from this that your
witnesses don’t need to be people you know.
After your wedding, your celebrant has
14 days to send your papers to the Registrar in the state or territory in which
you were married. If something terrible happened to your paperwork, this
would not effect the legality of your marriage, OK?
If not A, B or C, then
what about D?
Does your marriage legally begin When you marriage is
registered with the Registrar?
It’s another popular belief that your
marriage is legalised by the Registrar but again, it’s not accurate. Your
marriage is already in legal effect when your celebrant sends your documentation
to the Registrar in the territory of state in which you were married.
The Registrar will allocate a
registration number and put your marriage on the public record. It’s wise to
then, to buy a full certificate from the Registrar for your records as it will
have a registration number on it.
The simple attractive Certificate of
Marriage which you receive after your ceremony is your personal one. You can’t
use it for any legal purpose, such as applying for a driver’s licence in your
married name.
Your documentation, sent to the
Registrar, will be:
A copy of your full marriage
certificate, signed by both of you, your one witness each, and your celebrant.
The Notice of Intended Marriage which
you lodged with your celebrant a minimum of one month before your wedding.
So, when When do you think your
marriage actually and legally comes into effect?
The only answer that we’re left with is
E None of the above.
If you’ve chosen to have a civil
marriage celebrant rather than a religious one, to perform your marriage
ceremony, then E is the only answer that applies.
Here’s the final answer
Your marriage actually and legally
comes into effect when you’ve made vows of marriage to one another.
Your vows of marriage, to be legal and
binding, whether in a church, a garden or anywhere else, must come after what’s
called the monitum.
This is when your celebrant declares to
both of you and all your guests, the present nature of marriage in Australia.
That is - it’s voluntary, exclusive and permanent between two people.
The two people must be of marriageable
age, not closely related or married to anyone else. Each party to the marriage
must sign a Declaration of No Legal Impediment to Marriage before the marriage
ceremony can take place.
Before you make your vows of marriage
during your wedding ceremony, your celebrant must also state their own legal
name and their role, in front of at least two adult witnesses. As well, they
must declare that they’re authorised (or legalised) to perform your marriage
ceremony. You can have an option here for your celebrant to say ‘authorise’ or
‘legalise’. (I always give this option.)
Plus I give other legal options that
the Attorney-General allows. Many celebrants don’t do this. You can for
instance, instead of saying all persons here present in the set marriage
vow, say all people here present or everybody here or everyone
here.
There are several other approved
variations in the legal marriage ceremony.
Sharing the joy, with newlyweds Zoe and James
The Heart Garden 27 November 2023
(Can you see the heart-shaped garden bed?)
In conclusion then
If you’re in church, the magical
moments which begin your marriage to each other may be when you each say ‘I
do’. If you’re not in church, you legally marry with your vows of marriage to
each other, as prescribed by the Australian Marriage Act of 1961.
Marriage in Australia is an oral contract.
Your vows of marriage to one another must be witnessed (as in seen and heard) by
your celebrant and two adult witnesses. (You may call on all people here
present but in fact, only two of your guests need to see you make your
vows, and hear them.)
A pronouncement by your celebrant at
the end of your ceremony of husband and wife, or any other variation on
this theme (such as declaring your new legal names) will confirm that a legal
marriage is already in effect.
Your three certificates of marriage
with their five signatures will also provide evidence that a legal marriage has
happened.
So will the official marriage certificate
which you buy from the Registrar of Births, Deaths and Marriages.
(In ACT, you’ll do this online through
Canberra Connect.)
And, if you’re thinking of changing
your name with marriage, this other significant change in your life also comes
into legal effect when you’re looking into each other’s eyes and making your
vows of marriage.
You don’t
need authorisation from the Registrar after your marriage to change your legal name. You may however, need evidence of
legal marriage from the Registrar for your work records, driver’s licence or
passport application, and so on.
Well, I think I’ve covered everything
to inform you about when, if you choose to marry in Australia, your marriage
legally begins.
And any person 18 or over from anywhere
in the world can marry in Australia if they’re not already married.
I’ve actually had three couples fly to
Australia from Hong Kong, China (with permission from the Chinese government)
and Sardinia (part of Italy) to marry in my Heart Garden, before heading back
home. How amazing it that?! The couple from Hong Kong only flew in for the
weekend! I felt very honoured to have them marry in my beautiful Heart Garden.
Choosing your celebrant
If you’d like me to be your
celebrant, I’d be delighted to be there for you at this most significant event
in the life you share together.
By law, you’d need to give me at
least one month’s notice by lodging a Notice of Intended Marriage. Like all
authorised celebrants I’m a lodging authority. We have no contact with the
Registrar in this process – it’s all very simple.
If you wish to marry in the
shortest time possible (which is one month) you can do the lodging in person,
by email with scan attached, or by MMS. When you contact me, I’ll explain how
to make your wedding happen ASAP.
If, as in most instances, there’s
no hurry, we’ll have a one-hour meeting together (in Weston) on a Monday or
Wednesday evening and you’ll lodge your Notice with me then. Your Notice will
have a ‘shelf life’ of eighteen months from the time you fill it in. It’s
helpful to know this, if your marriage gets delayed.
BTW:
One party to the marriage can
lodge the Notice if both are not available.
And
You don’t need divorce
finalised when you lodge your Notice but divorce must be finalised (and your celebrant must see evidence of this) before
your marriage can take place.
Please fill in the form on my
Contact Page, or contact me by phone or text on 0406 376 375.
Phone any day,
9am to 9pm. Text anytime.
If you have questions, please feel
free to ask. We can arrange a quick Zoom meeting if you wish, with or without
video. (There’s be no obligation implied at this time to choose me as your
celebrant.)
Please note:
I only have meetings with
couples who have booked me as their marriage celebrant.
My Simple Service is a lovely
alternative to a registry office wedding. I call it ‘simply beautiful and
beautifully simple’. My Simple Service is for any day at any time, any
place, with any number of guests.
If you wish to marry in my Heart
Garden, then the maximum number of adult guests is twelve. (Couple not
included.) All children are always welcome. Bring a bottle of special bubbly if
you wish and I’ll put out the crystal flutes to we can toast you both as
newlyweds. And bring your special music too. Here’s a link for my Simple Service.
If you’re planning to get married,
my congratulations to you both!
I hope we’ll stay in touch.
Sincerely
Michele the Celebrant