Category: Our Guidelines to Australian Marriage Law

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How to make marriage paperwork PDFs, and where to send them

While I’ve talked a lot about how I sign my paperwork on an iPad, you’re welcome to choose your tablet and software of choice, I haven’t detailed exactly where the paperwork comes from.

Of course you can [download blank marriage paperwork] from the Attorney-General’s office, and if you wanted to find the shortest link between the AGD website and signing it on an iPad, you could literally treat that blank paperwork like blank physical paper. But there’s a better way and it depends which state you live in.

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Signing two Official Certificates of Marriage electronically

Alison asks: This might be more of a Josh question because it’s about electronic paperwork – or maybe it is for Sarah because of the legal side. I’m performing my very first ceremony tomorrow (hooray!) and I’ve received permission from the ACT BDM to accept electronic signatures and to submit the paperwork by email. I’ve watched Josh’s video for how to sign the marriage paperwork on an iPad and I’m all set to go.

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What do celebrants legally have to say?

Kelly asks: What do we legally have to say? Just read guidelines and act section 45/46 and I’m reading we only need to say monitum and a couple the legal vow. I read/was trained that we have to introduce ourselves as the celebrant with the lucky job of marrying the shit outta the couple before us…but do we actually have to? I’m looking at making my intro less formal and hoping I’ve read it right.

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Who can witness a NOIM under the title “legally qualified medical practitioner”?

Notices of Intended Marriage signed in Australia can be witnessed by people with a number of different qualifications. Most are pretty straightforward: an authorised celebrant, a justice of the peace, a barrister or solicitor, or a member of the Australian Federal Police or the police force of a State or Territory. Easy, right?

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Guidelines 2018: What’s changed?

I’m looking at the Guidelines on the Marriage Act 1961 for Authorised Celebrants 2018: what’s new, what’s changed, and what’s gone. I’m not going to talk about changes such as the checklist for solemnising marriages moving from page 31 to the appendix, or other page or structure changes. What I will be talking about is the changes that affect the way Commonwealth-registered marriage celebrants (both Subdivision C marriage celebrants and Subdivision D religious marriage celebrants) do our work, and there are more than you might expect.

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How to record the location of a marriage ceremony on the water or in the air

Lizzie asks: “My couple is getting married on a boat in The Pittwater located on the Northern Beaches of Sydney. Please advise how I best record the “at” on the docs for a wedding adrift.” The Guidelines to the Marriage Act, in relation to the place a wedding would occur, gives this poor advice: “The marriage must be registered in the state or territory where the marriage was solemnised. To meet this requirement, and possible requirements of other countries for recognition of the marriage, marriages in aircraft and ships at sea should be avoided.” I’m not going to say they’re wrong, but they’re not right. Australian authorised marriage celebrants have the authority and the ability to marry couples anywhere and at any time on any day within Australia and its territories.

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Can we marry people on the water or in the air in Australia?

Elle asks: I have a wedding where I am marrying the couple on a boat, we are all going to get on and cruise for 10mins until the couple get a feeling like yep lets pull up here and then I will do their ceremony, then the boat will carry on for couple of hours whilst everyone has drinks, food and watches the sunset. So in regard to Location of marriage on paperwork, NOIM and Marriage Docs as I won’t know the coordinates until we literally pull up, do I just write the coordinates in quickly before I call everyone in to kick ceremony off or can I fill when we go to sign docs? And am I just writing the coordinates, or do I need to put the boats name also?

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A marriage celebrant must call themselves a marriage celebrant, and other obligations

I’m sure that all of you have familiarised yourself with the Marriage Act of 1961, so you probably don’t have to read this, but on the off chance that Sarah Aird has schooled you, like she’s just schooled me, on some things in the Marriage Act, I thought I’d share them here. These are new changes since marriage equality was legislated. Today we’re talking about section 39G, Obligations of each marriage celebrant.

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Running side hustles alongside your celebrant business

We’ve had a couple of anonymous questions on this in the last week, so I’m going to pop them both in here: I’m looking at expanding my services other than just celebrant. At the moment I have a little side gig where it is wedding packages with hair, make up and myself this is run on a separate facebook page. But I’m wanting to possibly offer ceremony styling as well. Just wanted to check it I could advertise this on my celebrant website under a tab “Ceremony Styling” and offer DIY or we setup and dismantle the ceremony. Think simple to start with chairs, flowers and arch. Just before I go making any purchases just wanted some feedback and advice. Thanks!

And: I am currently working for a theatre company and intend to keep working for them, but I want to be able to do weddings occasionally and for friends. However because I’m trained in fashion and costume I thought I’d be able to offer wedding dresses but from what I can understand I can’t? I understand how that can be a conflict of interest now but I was wondering where you draw the line within packages and extras. If I can’t even offer custom veils as an inclusion of a package then I feel like all my other hard earned creative making abilities are of no use?

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A massive change to how marriage celebrants can sight ID

For the past six months I have been pursuing a line of inquiry with the Attorney-General’s office Marriage Celebrants Section over the line in the Guidelines section 4.4.2: It is not acceptable for a celebrant to accept a NOIM and/or supporting documents via videoconferencing services such as Skype. Actual documentation must be received by the celebrant.

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How a real celebrant should read the Guidelines, and other thoughts on marriage celebrancy

The recent post on sighting ID included some powerful language from the Attorney-General’s office:The Guidelines on the Marriage Act 1961 for authorised celebrants is issued to assist celebrants to comply with the Marriage Act and Regulations. Ultimately it is up to the celebrant to comply with all of the requirements of the Act. I appreciate that some of the language used in the Guidelines is of a directive nature, rather than of best practice nature.Commonwealth Attorney-General’s Marriage Celebrants Section

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Witnessing the NOIM: how much information is required?

Lauren asks: “I got this question from my bride and I’m second guessing myself! ‘Went up to the police station on Sunday and got this signed, but I just wanted to check before I send you the original…in the qualification section, is it fine that it just says police officer? I only realised when looking at it later that there is no section for the witness’ name or identification number or anything, so hoping this is ok!’

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What to do when the name on a birth certificate is different from that on the photo ID…

A question came to us: I am marrying a couple of brides this week and when I talked about the ID I’ll need to witness beforehand, one piped up that her name on her Birth Cert is different to all other ID but she’s never officially changed it. So her photo ID is going to be different surname to her Birth ID. She doesn’t have a passport. I thought I’d need to use her original name on all marriage docs (for avoiding future issues with passports etc) but am I correct or can I use her preferred surname even though the paper-trail lacks an official name change?

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Record keeping in an online environment

I read the latest Marriage Celebrant Matters Newsletter and it states that “Hard copies of the Notice, DNLI or any supporting documents (divorce orders, parental consents etc) do not need to be kept once lodged electronically with the registry of births, deaths and marriages (BDM). Celebrants may wish to retain these documents until the marriage is registered”

Does this include all the previous hard copies we kept and lodged electronically? Because previously we were suppose to keep the hard copies for X years from what I remember. I think it was 5 years from memory.

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Giving the couple a copy of their NOIM

I have completed a NOIM with a bride for a ceremony next year, the groom lives in the USA and they are submitting a prospective marriage visa application. When signing the NOIM with the bride I provided a letter of support but she also wanted a copy of the NOIM for her lawyer. I said I wasn’t able to provide this and the letter should be enough (I have done a few of these now and no other couple have asked for it and visas have been processed). I double checked this with some other celebrants at the time as I was sure we were not supposed to pass on copies of the NOIM to anyone and they agreed, do not pass it on. Anyway today the lawyer called me asking for the NOIM again. I advised the same thing and she was super nice about it but said in 5 years I am the only celebrant to have ever said no…………. SO am I wrong or is she wrong? I don’t want to hinder their visa application in any way but I also want to follow our rules!

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Victorian BDM RIO tutorial

Let’s face it, the new BDM online registration system implementation has not had the smoothest roll-out in the history of tech roll-outs. It’s certainly not a particularly intuitive, user-friendly system, and I’m disappointed at the number of issues with it. However I also know BDM are working really hard to rectify the issues as soon as possible.

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Different signatures by parties

A celebrant asks: I have received a Notice of Errors in documentation email from BDM. They have requested the bride provides a stat dec indicating why her signature on the NOIM and Marriage Certificate are different. Is there wording we can provide on the stat dec to assist completion? Can we provide a scanned copy of the stat dec to BDM (or do they need to sight originals)

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Names in the ceremony

I have a Jane Brown (married name from her third marriage – the marriage I am looking after will be her fourth)

She uses the name Jane Brown in everyday use, and has Jane Brown on all her current documents. The only document she has with her maiden name (Jane Smith) is her birth certificate.

She has asked if I can use her maiden name, Jane Smith, in the ceremony on the day?

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