Category: Our Guidelines to Australian Marriage Law

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?

Deb writes in asking “I appear to get myself into hot water time and time again, by saying that the Guidelines are just that GUIDELINES, and the act and the regs are the actual LAW. Am I right?”

351 Australian marriage celebrants were deregistrated this week because they “did not pay the...

Sarah and I have been reviewing the Guidelines to the Marriage Act and one chapter caught my eye and I thought maybe you didn’t know how many things you could do that would end you up in jail for at least six months, or with “five penalty units” whatever they are.

You can find it all detailed heavily in the actual Marriage Act of 1961, but here’s the list of things a celebrant can do that could end them up in jail.

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)

Sean asks: I know expired passports are okay, as long as they haven’t been cancelled but is there a time limit on that? This one expired in 2012

Karen asks: What are the differences/similarities, restrictions and allowances between a celebrant-led wedding and a church wedding, that is, by
an ordained minister. I have noticed a lot of confusion and even ignorance about what can and can’t be done when the question of faith is raised. Can a celebrant read a biblical text, what constitutes a church and why can’t all ministers perform weddings? I am a civil celebrant who came from a faith background and I know, there are many others as well.

Marie asks: I married a couple last night and when I got home registered the marriage and ordered their marriage certificate. This morning I woke up to a string of texts from the bride to not register the marriage and that she no longer wants to be married to him. What do I do? Or what do they do?

I’ve been telling couples that after their marriage ceremony the Queensland Births, Deaths, and Marriages will email them with “an opportunity to order their marriage certificate” but I had not actually seen one of those emails yet. I’m guessing you hadn’t either.

So here’s what the Qld BDM emails after you register a marriage online with them:

Precious asks: I have a couple that I’ve met but they forgot to bring their ID when they signed the NOIM. One of them is available tomorrow to come round with both of their ID, but do I need to see both of them at the same time I see their ID, or can I see partner A and both partner A and Bs ID then?

Stephanie celebrant asks: I think many of us have seen and have been contacted by “Marry...

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.

Tania asks: I have an enquiry from a couple, one party is Visually Impaired. They would have the...

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.

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?

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.