Category: Our Guidelines to Australian Marriage Law

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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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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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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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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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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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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 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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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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Registering Australian marriages overseas

Just wanting some advice on how you inform couples on how to register their marriages aboard? E.g  A Scottish couple marry here, and ask you how they register their marriage in Scotland. I understand they need to have the Original Marriage Certificate apostille stamped, before their government will recognize it as a true document, however where can they get this done? The Australian Embassy in their country or??

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The rules for commitment ceremonies

Jac asks: I have a couple coming up. They got married a year ago (pretty much for their families to have a religious ceremony). None of their friends know this though. Before getting married officially for their parents, they said they would only do it their parents’ way if they could have a big bash with their friends the way they want this year. The time has come! It’s within a month.

I met with them yesterday and they were so stressed about their friends finding out etc that they were already married. I explained that we wouldn’t have to focus on that and include in the scripting that “this is the day that Jack and Jill are choosing to celebrate their marriage in front of you special people blah blah blah”. Instead of doing official paperwork, I offered a commemorative certificate instead (as this doesn’t have any legal bearing anyway). Are there any issues with what can/cannot be written on this? Would ‘wedding certificate’ be safe?

I really don’t want to say ‘THIS CEREMONY IS IN NO WAY LEGAL/BINDING’ so I was just going to gloss over it a little how you explained in your previous podcast. Obviously no Monitum will be said and there will be no legal vows but the couple will still write their own. Obviously I won’t be doing DONLIMs or submitting anything formal to BDM, but I thought the ‘pretty’ certificate or a commemorative certificate would be okay. Anything else I should look out for? The Guidelines are pretty clear on this, but let me give you my interpretation of what they say.

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When to provide documentation to couples

Peter asks:

By when in the process must we have given the required documents to the couple?

I have been giving the required documents (happily ever…, code of practice, complaint info, etc.) with the engagement letter / quote, however, often I only have an email address at this stage for one party, not both. As I understand it, this doesn’t satisfy the requirements of the act (giving happily ever… effectively to only one party).

Upon booking, that’s when I get my now clients to give me their complete contact information. I’ve trialed different methods of getting complete contact info on enquiry but nothing has really been effective.

I’m trying to optimise my systems and I don’t want to send more emails in my workflow than I have to, so I was wondering can I send this info at the point of our planning meeting (circa 4 months out) as part of an email that already sits in my workflow rather than at the point of booking?

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Taking over a wedding from another celebrant: logistics and money

“A local celebuddy and I have recently been chatting about being a primary back-up celebrant for each other. As a fairly new celebrant, it got me wondering how other people manage replacements when you have to cancel at short notice (or even on the day). Do you ask the new celebrant to use your script (even if it’s very much in ‘your’ voice)? How do you divide payment? Do you partially/fully refund the couple because you’ve not completely fulfilled the contract? What if you’re in a car accident on the way to the ceremony and you have all the paperwork on you?”

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Personal vows and their content

Veronica asks: I know according to section 45(2) of the Marriage Act, couples are required to say “I call upon the persons here present to witness that I, A.B. (or C.D.), take thee, C.D. (or A.B.), to be my lawful wedded wife (or husband); or words to that effect.” When it comes to couples personalising their vows, aside from the previous mentioned, do couples have to say certain things, or are they free to say what they see fit?

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Interpreters and translators

Sarita asks: We’re away at the moment and then the couple in question head away as we get back – so the NOIM will be getting lodged in Jan, with a day to spare. The bride is from China and all her ID is in Chinese. As long as I tell them to get the passport, (birth certificate) & drivers license/ID card interpreted by a NAATI registered interpreter – is that all ok? Just wanted to check I’m not missing anything as it’s my first time doing a marriage that will involve an interpreter. 

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Contingency/death planning for celebrants

Now I’ve reached the stage of life where I have a mortgage and a family I figure it’s time to put a grown up will in place.

This got me thinking about what instructions I need to leave for my surviving relatives and the obligations that they have not only to comply with the law but to also ensure a smooth transition for my couples.

I was wondering if you guys have any tips or could give a basic overview of what process you guys have in place?

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