To my fellow celebrants, I have a proposal regarding the one month notice period, and I’d like to run it up your flagpole, so to speak, and then take it to the Australian parliament: that the one month notice period required by the Marriage Act, be reduce to one week. Or even better, abolish the notice all together.
Here’s my thoughts on the matter, and I’d like to hear yours in the comments below:
- In most Western countries no notice, or short notice of 24 or 48 hours is required. Australia’s one month notice is unique and the longest in the world that I can find through my research. The UK is the closest at 28 days notice required.
- What is the spirit of the one month notice and is that spirit not adhered in other ways by celebrants ensuring that the couple are consenting? If a couple is of age and of consent, what difference is it if they want to marry today or in a month?
- The administrative burden the notice of intended marriage brings celebrants, the Attorney-General’s Marriage Law and Celebrants Section, and the state BDMs, seems to heavily outweigh the benefit the one month notice could bring.
- The one month notice seems to be in conflict with the current government’s and the AGD’s reduction of red tape and encouragement of a free market.
- The one month notice period is the most misunderstood element of the Australian marriage law, and yet it brings low value to marriages or the country.
- If a shortening of time is required, this is almost always a painful process. Eliminating or reducing the notice would liberate this process.
I am taking this proposal to the AGD’s MLCS in our next meeting in May, and will also table the proposal, and your comments, with my local Member of Parliament.
Oh…. I don’t know how I feel about this!!!
I kind of like that notice period as it means I can plan my life lols
I’m here for this.
Hear hear!
It’s such a pain for my interstate and overseas clients to organise. I feel guilty for making them do it themselves when it’s a big part of what I get paid to do; legal paperwork!
Ooo, interesting. On one hand, I kinda like that we don’t have those super impulsive weddings here. That when people want to make such a massive change to their legal status, they are given a ‘cooling off’ period. On the other hand, the benefit of not having to arrange a shortening of time – particularly for terminal people who might not be able to wait a whole weekend until a prescribed authority is available would be monumental!
I wonder if we eliminate the notice period altogether would we also need to consider changing the rules around the dissolution of marriage. The divorce process is pretty involved if two consenting people marry on impulse then change their mind in the cold light of day. And also, are we putting celebrants at a greater liability risk for checking real consent. Obviously, at the moment, we can’t marry people while they are under the influence, but it’s not like we breathalyse them. I’m just imagining a scenario where people rock up and they aren’t visibly drunk/on drugs, you marry them, then later when they discover what getting divorced means, they accuse the celebrant of marrying them while they were under the influence.
But I can also see how beneficial it could be. Will be interested to hear what the MLCS say.
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Hi Josh, you raise some good points. Certainly worth thought and discussion.
I’ve written and published a post today that may shed some thoughts around the “spirit” of the one month notice, yada, yada, yada. Take a read, it’s food for thought.
http://angelafinn.com.au/the-confusion-about-consent-and-time/?fbclid=IwAR1Ae0kwpPdnjVzUWBQjBv9piT1wfKWP9lC3m7yTGlkExTuPOygGJgIUZUc
Thanks for that clarification Angela. It was really interesting.
Hi Josh, I’m very new to all of this but thought I’d put in my two cents worth.
There is something I can’t quite put my finger on that doesn’t sit well with me about abolishing it all together. I think it’s along the lines of Alison’s comments about the possible repercussions. I’m also partial to the notion of a cooling off period for such a momentous decision. Interesting that other countries have very short ones compared to Australia except for England.
So, I would suggest one week as the minimum.
An interesting debate on a subject and one I had never really considered before. The one-month notice requirement was there – a kind of ‘always has been, so always will be’ I suppose.
I do believe that there should be some notice. Marriage is a major, life changing event. Certainly, a relationship no one should enter without at least thinking about it first!
I would hate for Australian marriage to be on a par with those in Vegas!
My decision would be to back a reduction of Notice to one week.
I’m really new to the game, however I’m definitely here for this suggestion. I believe some form of time frame would ‘protect’ those making a dash decision (whilst under the influence, etc) as mentioned in another comment. However, I totally support a significant reduction from the 1 month timeframe! Looking forward to the outcome from your meeting.
I’m all for this idea. I’ve had a woman who wanted to marry while her dad was alive.
She was going to apply for shortening of time but he was so sick she didn’t leave him. Needless to say she didn’t have her wedding and to this day they haven’t married. Mainly because now her dad can’t be there.