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.
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 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?
Or announces something like:
‘Congratulations, you are married!’?
The most popular answer is probably C When you sign your certificates.
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.
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.
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.
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.
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
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