Category: Our Guidelines to Australian Marriage Law

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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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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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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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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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Changing the planned date of the marriage on the NOIM

A couple from America have gone gung ho and booked to elope in December. They have their heart set on coming into their wedding on a camel!

I advised them that this our ‘wet’ season and there may be a chance of rain and will need a plan B. However there is no plan B option for a camel to be involved….which is their whole motivation for getting married in this destination. The cameleer has advised them that they definitely need a plan B too. He has asked them potentially plan to have the wedding on 2 consecutive dates (28th and 29th Dec) so that if it is raining on the first date, they can do it on the second date.

I advised them that this isn’t possible due to the NOIM limitations. Anyway I got to thinking, is it totally illegal to fill in 2 NOIMS – one for each date? I feel like this would be a no-no but I guess I want to satisfy my curiosity

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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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Office facilities for civil celebrants, what’s required?

Alison asks: I’m currently studying to become a marriage celebrant, but there is one thing that worries me about setting up my practice once authorised: the home office. I currently live with flatmates in the city, so space is limited. I’m only planning on doing the celebrancy thing as a side gig (at the moment) as an antidote to my corporate day job, so renting full-time office space isn’t practical. In your interpretation of the Marriage Act and Code of Practice, would it be appropriate to maintain an “office” in my lockable bedroom, securing documents in a locked filing cabinet, while renting a separate interview space when needed or offering to meet couples in their homes? Can you recommend any other solutions?

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Can’t access a birth certificate but has a passport!

Cass asks: I’m marring a couple in October and one of them can’t find his birth certificate and he’s looked everywhere. He seems to think it can’t get posted to him in time to fill out the NOIM. He only has a passport and not a drivers license or proof of age. Is there any other form of ID he can use like Medicare or like proof of residency? Sorry, I tried looking it up and can’t quite figure out how to use other IDs on the NOIM?

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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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A celebrant must call themselves a marriage celebrant

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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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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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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