MARRIAGE IN AUSTRALIA

THE MARRIAGE ACT 1961

All marriages solemnized by Australian law are in accordance with the Marriage Act 1961 and is administered by the Attorney General’s Office. Marriage is legally binding and parties to the marriage are bound by this law.

THE MARRIAGE REGULATIONS 2017

Further guidance to this law and the manner to which it is met and maintained is stipulated by the Marriage Regulations 2017. These can also be supported by the Guidelines on the Marriage Act 1961 for authorised celebrants.

REQUIREMENTS FOR PLANNING A CEREMONY

Solemnisation of a marriage, whether it be a small event or large, is never one to be taken lightly. It requires careful planning not only for personal satisfaction but in order to fulfill legal requirements. A Notice of Intended Marriage (NOIM) needs to be completed and signed by bride and groom, as well as the celebrant between 1 month and 18 months before the day of the ceremony. Identification needs to be provided to your celebrant along with supporting documentation as required by the NOIM. Finding your celebrant is of prior importance as they can confirm availability for your date and guide you through the entire process.

CIVIL CELEBRANT

Civil marriage celebrants are qualified and authorized under the Marriage Act 1961. Once you have selected your marriage celebrant you can ensure their validity by checking the List of Commonwealth Registered Celebrants on the Attorney-General's Department website.

TRAINING AND DEVELOPMENT

Marriage celebrants have undergone special training before being appointed by the Registrar and are required to complete five hours of ongoing professional development per year to maintain and develop new and existing skills as well as be updated continuously regarding law.

CODE OF PRACTICE

Marriage celebrants are professionals who follow a strict Code of Practice and if they do not disciplinary measures may be taken against them by the Registrar of Marriage Celebrants.

ROLE AND LEGAL OBLIGATIONS

Marriage celebrants play a key role in a marriage ceremony from the beginning stage of planning through to final solemnisation, submission of legal paperwork and issue of certificate. Providing a high level of service, it is part of their role to provide you with guidance in structuring the ceremony. Celebrants recognize the significance of culture, art and family in marriage and will provide suggestions to incorporate them into the ceremony.

Compliance to the Marriage Act 1961, state and territory laws and the prevention of unlawful discrimination is only a start. Marriage celebrants have general requirements as well to assist in the organization of the ceremony. These are:

(a) Give the parties information and guidance to enable them to choose or compose a marriage ceremony that will meet their needs and expectations;

(b) Respect the privacy and confidentiality of the parties;

(c) Maintain appropriate facilities to interview parties and provide office facilities, including facilities for the secure storage of records;

(d) Within a reasonable time before the marriage ceremony:

(i) Confirm all details with the parties; and

(ii) Ensure the return of all personal documents belonging to the parties (unless it is necessary to keep the documents for the ceremony); and

(iii) Sign any necessary declarations;

(e) If requested by the parties, conduct a marriage ceremony rehearsal;

(f) Ensure that their personal presentation is of an appropriate standard for the marriage ceremony, and respect the expectations of the parties in relation to the ceremony;

(g) Make efforts to ensure that the marriage ceremony is audible to all those present (using audio equipment, if required);

(h) Ensure accuracy in the preparation of documents, and in the conduct of the marriage ceremony;

(i) arrive at the venue for the marriage ceremony no later than the time agreed with the parties;

(j) If the marriage celebrant has agreed to perform more than one marriage ceremony on the same day:

(i) Ensure that the parties to each marriage receive a level of service that meets their separate and special requirements; and

(ii) be available at the venue for each marriage ceremony at least 20 minutes before the agreed commencement of each ceremony (unless, in the case of consecutive ceremonies, the ceremonies are to be held at the same venue);

(k) ensure that all relevant documents are completed and sent to the appropriate registering authority within 14 days after the marriage ceremony, as required by section 50 of the Marriage Act 1961;

(l) in relation to the provision of marriage services, accept evaluative comment from the parties, and use any comments to improve performance;

(m) give the parties information about how to notify the Commonwealth Attorney-General’s Department of any concerns or complaints they may have regarding the marriage services provided by the marriage celebrant.

It is also necessary for celebrants to maintain information regarding relationship services within the community and provide these to parties, to enhance and sustain them throughout their marriage.

CLIENT COMMUNICATION

Parties may be suitably satisfied with the services of a celebrant; however that satisfaction may also go beyond to either extreme. It is important to each professional as well as the industry to receive feedback regarding the pros and cons of the services provided, for the sake of continuous improvement as well as the resolution of any grievances.

Feedback may be submitted via the online feedback form and is of course welcome in writing. Similarly, all feedback may also be made via the Attorney-General’s Department although attempts to address any unresolved matters should be done first with the celebrant if appropriate.

INTERPRETERS

Where a party to a marriage is not equipped with the English language, it is a legal requirement (in accordance with the Marriage Act 1961, SECT 112) for an interpreter to be employed for each meeting with the celebrant and for the ceremony itself. A form 24 certificate of faithful services and a statutory declaration from the registered interpreter is required at close of ceremony. The interpreter needs to be registered with the National Accreditation Authority for Translators and Interpreters LTD (NAATI).

RELATIONSHIP INFORMATION

The following relationship services have services throughout Victoria. Although there are numerous others. Your celebrant can help you find the right one if you wish to partake in pre-marital counselling or keep for future support.

Relationship Matters

Address: Level 4, 255 Bourke Street, Melbourne. VIC 3000

Ph: 1300 543 396

Email: contact@relationshipmatters.com.au

Website: https://relationshipmatters.com.au

Relationships Australia VIC

Address: 379 Collins Street Melbourne, Victoria 3000

Ph: (03) 8625 3666

Email: enquiries@sunshinefrc.org.au

Website: https://www.relationshipsvictoria.org.au/relationships-wellbeing-courses/prepare-enrich/ 

Couples Therapy Melbourne

Address: 102/4 Bank Pl, Melbourne VIC 3000

Ph: 1300 784 184

Email: info@couplesmelbourne.com

Website: https://couplestherapymelbourne.com.au/pre-marriage-counselling/ 

ART & CULTURE IN CEREMONY

Multicultural and artistic rituals add personal reflection on ceremonies. Many aspects should be considered, for example, what are the meanings of colours, flowers or elements like wood or copper. Also, using music, readings and movement can enrich the experience. Religious aspects may also be included in a civil ceremony. It is part of the role of a celebrant to provide you with suggestions and assistance to incorporate these into your personal ceremony.

BASIC WESTERN TRADITIONAL CEREMONIAL STRUCTURE

1. Processional

2. Welcoming

3. Giving away of bride

4. Introduction

5. Reading

6. Legal monitum

7. Spoken Declaration

8. Vows

9. Ring Ceremony

10. Conclusion

11. Declaration

12. Signing of Register

13. Congratulations and presentation

14. Recessional

Providing the legal components are included accordingly, the ceremonial structure can be changed to suit your personal desire.

COPYRIGHT

Professional services and products are more often than not accompanied by a Copyright. It is important that you have a thorough understanding of your legal rights to a product or service and where ever possible, in writing. Possible claimants of copyright material may include your wedding photographs and negatives and audiovisual recordings of musical performances.