200 Wedding Questions Answered

I add more regularly and so there are now over 270 questions answered below.

if you have another question that is not covered, or you are unsure about the answer given, Call me and I will do my best to assist you.

Your ‘new’ question and the answer, may then also be added (I’ll give you credit for your question if you like)

All care is taken but content is for general assistance only and is not purported to be legal or expert advice of any kind. All answer are under review as there have been a number of changes in law and regulations since December 2017 so you should call me if unsure. Updates will be gradually added so check back regularly or just call.

The main reference sources for information relating to questions on legal aspects of marriage are listed toward the bottom of this page.

This collection of questions and answers including its format, is however copyright 2017 & 2018.

©2017 Copyright -A Life Celebrant- Lou Szymkow
©2018 Copyright -A Life Celebrant- Lou Szymkow

 +61 (0) 457 00 1922    lou@alifecelebrant.com.au

www.alifecelebrant.com.au

   

https://www.startlocal.com.au/personal/celebrants/nsw_sydney/A_Life_Celebrant_3587906.html

 

How to use this page:

There are now over 260 Questions & Answers here across over 90 pages of information broken into subject groups.

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INDEX OF WEDDING QUESTIONS

 

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THE QUESTIONS & ANSWERS

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ANNIVERSARY: What is an appropriate gift for an anniversary?

Follow the link to find a pdf with anniversaries listed showing a guide to gifts & their meanings, colours, & flowers.

Click here for an Anniversary Guide to Gifts, Colours & Flowers

APOSTILLE SEAL: How much does it cost?

As of January 2018, the following the Department of Foreign Affairs and Trade (DFAT) fees applied:

Apostille and Authentication $81

Certificate of No Impediment to Marriage       $143

For up-to-date information on DFAT fees for an Apostille Seal, see the external link to DFAT: How much does it cost?

APOSTILLE SEAL: What is an Apostille Seal?

An Apostille is simply the name for a specialised certificate, issued by the Department of Foreign Affairs that recognizes & authenticates documents such as birth, marriages, marital status, deaths certificates and other documents.

The word Apostille (pronounced “ah-po-steel”) derives from the Latin post illa and then French: a marginal note).

The Apostille is attached to your original document to verify it is legitimate and authentic so it will be accepted in one of the other countries who are members of the Hague Apostille Convention.

It is an international certification under the international Apostille Convention, (Apostille) drafted by the Hague Conference on Private International Law. It is comparable to a notarisation or certification under domestic law. If the convention applies between two countries, an apostille is sufficient to certify a document’s validity, and removes the need for double-certification, by the originating country and then by the receiving country.

There are four types of documents mentioned in the convention:

  • court documents
  • administrative documents (e.g. civil status documents which will include Birth death & Marriage certificates)
  • notarial acts
  • official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures.

For more information, see:

·     ARCH: Do you provide a canopy, ‘chuppah’ or arch?

Generally, no as You are decorating and, so it is always best that you provide all the decorations. However, I may possibly be able to procure one if you cannot find one.

You should find suppliers on my Helpful People tab.

·     AUSTRALIAN MARRIAGE: Do I have to be an Australian Citizen to get married in Australia?

No, you don’t have to be an Australian citizen or even a permanent resident of Australia to legally marry here. You just have to be in the country and satisfy eligibility.

Many people visit Australia on a Tourist Visa to marry in our beautiful country, and so do a fly-in/fly-out, ceremony and honeymoon.

I cannot offer immigration advice but you will find information on Visas including a Marriage Visa, on the Department of Immigration and Border Protection website.

To be legally married in Australia, a person must:

  • not be married to someone else
  • not be marrying a parent, grandparent, child, grandchild, brother or sister
  • be at least 18 years old, unless a court has approved a marriage where one party is aged between 16 and 18 years old
  • understand what marriage means and freely consent to marrying
  • use specific words during the ceremony
  • give written notice of their intention to marry to their authorised celebrant, within the required time frame (not more than 18 months before and not less than 1 months before).

As your Celebrant, I will help you understand these requirements.

·     AUSTRALIAN MARRIAGE: What do I need to get married in Australia?

To be legally married in Australia, a person must:

  • not be married to someone else
  • not be marrying a parent, grandparent, child, grandchild, brother or sister
  • be at least 18 years old, unless a court has approved a marriage where one party is aged between 16 and 18 years old
  • understand what marriage means and freely consent to marrying
  • use specific words during the ceremony
  • give written notice of their intention to marry to their authorised celebrant, within the required time frame (not more than 18 months before and not less than 1 months before).

As your Celebrant, I will help you understand these requirements.

·     BACKUP: What happens if you get sick or injured and can’t officiate on the day?

Your wedding continues.

I am a part of the Nepean Celebrants which is a registered business name owned by the three dedicates Celebrants who work independently, but support each other.

You always deal directly with your Celebrant of Choice however you get the extra free support to give you confidence.

So, when you book any one of us, you can be assured that you will benefit from that extra background support. You may not notice it, but it will be there to reduce any possible stress or the unforeseen.

So, don’t be surprised if a second Celebrant comes along to your Ceremony and stays silently in the background checking sound equipment or making minor but very discreet adjustments to a table or stand. That is the support of a friend to make your day extra special and there is no extra fee.

  • We keep in regular contact
  • We meet regularly to exchange ideas
  • We often attend each other’s Ceremonies to offer additional support
  • We critique each other as a part of our constant personal improvement program
  • We will even fill in for each other in the unlikely event of a major catastrophe. e.g. bush fire, flood, illness, car break down etc.
  • Your contract remains directly with your own Celebrant of Choice

So, forget your celebrant worries. On top of that, all are members of the AFCC (Australian Federation of Civil Celebrants) and the Nepean District Chapter of the AFCC and I am a Moderator on the AFCC Discussion Groups where over 700 of the close to 2000 members share ideas and mentor new or upcoming. Bob and I are also members of the FCAA (Funeral Celebrants Association of Australia). So, you can be assured of integrity, professionalism and a great event. We are the Nepean Celebrants.

BABY: How can I include very young children in my Ceremony?

There are many ways children can be included in your Ceremony.

You will find this same, or an updated general version, of this information in Wedding Ideas on my web page, or click the link to go directly to the section on Children, but the following is about the very young.

Go to Children, if you are looking for ideas for more so for teenage children.

Read on if you are looking for ideas for including babies.

For your own children who are articulate and over 6 in particular, your including them in the ceremony can remove anxiety about the Ceremony, as they are of course, a very important part of your marriage and of the ‘new’ family it creates, so it is always preferable to include them in some way in the wedding ceremony.

Sp this section is about the very young and of course about the recognition of the partner in marriage as that partner will now also  be a partner in parenting.

Where a child is old enough to recognise his/her own name, inclusion for them  can be as simple as mentioning their names during key parts of the ceremony such as the vows, or including them in a unifying ritual.

The Celebrant can also mention and introduce them early in the Ceremony.

A child of that age will of course require:

  • a carer/minder a
  • a change of clothes
  • nappies
  • rest
  • food/drink
  • reassurance
  • a retreat when needed
  • lots of practice to provide confidence

The minder is very important as you will be busy with the Ceremony and so it is best you are not distracted.

The minder can have the change of clothes and other needs on hand and can offer reassurance and guidance.

Depending on ages and ability of a the young child, you can assign set tasks and responsibilities such as:

  • Bridal escort (with minder)
  • Junior Bridesmaid/Groomsman (with minder)
  • Page boy (with minder)
  • Flower girl/boy (with minder)
  • Ring bearer/s (rings can be pinned to baby’s garment)
  • Announcer (if of speaking age)
  • and lots more….

It is really up to the imagination, but many choose ‘unity’ rituals which create inclusiveness.

With a baby though, it is also about parental inclusion, ie setting the base for family bonding and future parenting

Follow the links to find out more.

If you are choosing to take on a new name, you may even wish to include a Naming Ceremony for your children (though an official Change of Name, would still have to be lodged with the Registry of Births Deaths and marriages – for more information on changing names, see NAME CHANGE IN NSW: How do I change my name in NSW after marriage?. )

You might enjoy this video:

BESTMAN: How to choose a best man?

Having a Bestman or even two or more, at your wedding is not compulsory and even a gender is no longer a given, but having made a choice to have a Bestman, here is a process that may assist.

Step 1:    make a list of the duties (including expenses & interactions) to be undertaken

Step 2:    consider character, relationships (with yourself, bride and bridesmaids) and skills, make a list of contenders e.g. best friend, brother/sister, cousin, Dad, son, etc.

Step 3:    cross out anyone who could not reliably perform or undertake those duties but if you cannot narrow the list to less than two, maybe have two or more

Step 4:    talk to the remainder on the list to gauge:

  • their agreement to being on the list
  • availability to perform the role
  • enthusiasm

Step 5:    Review Steps 2 & 3, and by now you should have a choice

BESTMAN: What does the Bestman do?

Well originally, his role was to accompany and protect the potential groom as he raided a neighbouring village to kidnap a bride, and then stand sword at the ready to fight off, or ‘Best’, the bride’s father or others who might try to rescue her.

We don’t have many of those raids these days and so the best man’s role is now more about being supportive and helpful, and so the role is not necessarily life threatening.

  • Provide emotional and physical support and encouragement, wherever needed
  • Organize the bachelor party and how to split the bill.
  • Help the groom choose and rent/buy the attire
  • Help arrange accommodation for other groomsmen if needed
  • Coordinate the groomsmen’s gifts to the groom.
  • Attend any rehearsals
  • make a toast whenever appropriate
  • ensure the Groom and his men arrive at the Ceremony on time and are ready to go.
  • Safely and securely hold on to the wedding rings
  • Help welcome guests to the wedding or reception
  • Serve as a witness during the marriage and in signing certificates.
  • Step in as MC at the reception if needed
  • Offer the first toast to the newlyweds at the reception with a great speech
  • Mingle at the reception to make sure guests are having a good time.
  • Dance with the bride, the maid/matron of honour, the mother of the bride, and the mother of the groom during the reception.
  • Collect any gifts and cards guests and keep safe and secure
  • Be ready and attentive for any photographs
  • Decorate the getaway car if appropriate.
  • Take care of the groom’s clothes after he changes out of his wedding attire.
  • Coordinate car transportation for the bride and groom to leave the reception.
  • Make sure any rented tuxes are returned on time (and intact).

·     BIRTH CERTIFICATE: A party to a marriage was born overseas and does not have an overseas birth certificate. What name should they put on the NOIM?

If the person does not have, or is not able to obtain, a birth certificate an authorised celebrant will need to see a passport issued by the Australian government or a government of an overseas country as evidence of the person’s date and place of birth.

If that is not possible, the celebrant should require a statutory declaration executed under the Statutory Declarations Act 1959 from the person to meet the requirements of section 42 of the Act relating to evidence of date and place of birth.

If the party is not an Australian citizen the party may use the name on their overseas passport on the NOIM.

If their name or date and place of birth are written in another language the celebrant should advise the party to provide him or her with a formal translation of the document so that the celebrant knows how the name should be written in English.

If the person is an Australian citizen then the name as shown on their Citizenship Certificate may be used on the NOIM only if the person also has photo ID in the same name as the name on their Citizenship Certificate: such as a driver’s licence, proof of age/photo card; or an Australian or overseas passport.

Please note that in this case the celebrant would only be using the Certificate of Australian Citizenship to confirm the person’s name/identity, and not for checking the person’s date and place of birth.

You will find links or contact details for the State Registries, and some International Registries details on my Helpful links page.

·     BIRTH CERTIFICATES – What if a person believes the spelling on his or her birth certificate is incorrect?

For example, the name on their birth certificate is spelt ‘Vicky’ and they have always used ‘Vicki’.

Authorised celebrants should tell the person that their name as it appears on their birth certificate and their name as it appears on the NOIM should be the same.

If the person believes there is an error in the spelling of their name on their birth certificate they may apply to have the birth certificate corrected at the relevant BDM. If their birth certificate is corrected they may then use the name on the corrected certificate on the NOIM.

Authorised celebrants should also tell the person that any discrepancy between their name as it appears on their birth certificate and their name as it appears on the marriage documents may mean that they may encounter problems if they wish to obtain an Australian passport in their married name.

You will find links or contact details for the State Registries, and some International Registries details on my Helpful links page.

·     BIRTH DEATHS & MARRIAGES REGISTRATION: What are the contact details?

To access registration information, you will need to provide proof of your connection and identity.

For the most part, registration of Births, Deaths and Marriages in Australia is maintained by the states & territories.

You will find links or contact details for the State Registries, and some International Registries details on my Helpful links page.

·     BOUQUET & GARTER TOSS:  When do we throw the bouquet and garter?

The bouquet and garter are thrown just before the Bride & Groom make their hasty escape for their honeymoon and so essentially at the end of the night unless of course they plan to stay, in which case it can occur any time after the cake cutting.

·     BOUQUET: Why do Brides throw their bouquet?

Traditionally it was considered very good luck to touch the bride and that luck might be extended by snatching a piece of the bride’s dress or veil and so the safer option was for the bride to throw her bouquet to distract the guests as the Bride & groom made a hasty escape off to their honeymoon. The unmarried girl who caught the bouquet was then so ‘lucky’ as to be the next bride.

·     BRIDE & GROOM DESCRIPTOR CHOICES: What choices do we have in regard to being identified as Bride or Groom?

There are three options for a party’s description. They are:

  • ‘groom’, (male)
  • ‘bride’ (female)
  • ‘partner’ or ‘spouse’ (any gender)

This item on the marriage certificate should be completed consistently with item 1 of the NOIM, unless the party’s sex changed after the NOIM was lodged with the authorised celebrant.

It may be beneficial for couples to discuss which descriptors each prefers prior to the marriage ceremony.

The descriptor ‘groom’ can be used by a male, while the descriptor ‘bride’ can be used by a female, regardless of the sex or gender of the other party to the marriage.

The descriptor ‘partner’ can be used by a male, female, intersex, non-binary gender or transgender party.

·     BUDGET: How much does a wedding cost?

You decide.

Every wedding is as unique as the couple being married.

A recent survey suggested that the average cost of a wedding in Australia is $45,000 but many of the wedding at which I have officiated have a greater value in the Ceremony and who shares the occasions, rather the $ value of a huge reception and so the $cost starts at about $600 and goes upward from there depending entirely on your budget and dreams.

You should find some well-priced suppliers on my Helpful People tab.

·     BUDGET: Where should I focus my budget?

That depends on what is most important to you.

The first consideration is the actual Ceremony and everything else is dressing and style and, so it is your dreams and your style that dictates focus beyond that point.

Decide what you want. Amazing decor, a wild dance party, a theme?

Before putting together your budget, discuss your vision for the day and be guided by that.

You may also find some well-priced suppliers on my Helpful People tab.

Cake Cutting: How many slices per cake?

Not my field but most bakers seem to refer to the Wilton Cake Guide.

If you find a better guide to include, please let me know.

I think this chart below is also based on Wiltons’:

 

·     CAKE CUTTING: What exactly do the bride and groom do during the cake cutting?

The cake cutting at a wedding reception usually takes place after dinner and just before the first dance.

It is the final course of the meal but is also a celebration of doing things together. It is also a keepsake because many will take a piece home and may even keep it for some time.

Hold the cake knife (or ceremonial sword) together and cut into the bottom layer of the cake.

Your caterers will then section the cake for distribution.

Depending on the type of cake, you might even keep a layer for your 1st anniversary or first child’s Christening.

Your MC should make an announcement and the photographer should be given 15 minutes notice to prepare.

The only exception to the timing of the cake cutting, is if you have older guests who might have to leave early and so for their consideration, you could cut the cake earlier. It is after all your wedding and, so you are not bound by traditions.

·     CANDLES: Are unity or memorial candle lighting rituals included and who provides the candle?

You can include almost any ritual you like in your ceremony.

It is best if you provide the candle of your choice so that you can keep it for anniversaries and other occasions, but I do have one or two that I can bring along if needed.

·     CARPET: Do you include the red carpet and arch?

Generally, no.

But I may be able to procure some. I do have a 10 metres green runner and there are suppliers listed under decorations on my Helpful People page.

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CELEBRANT AT RECEPTION: Are we meant to invite the celebrant to stay for the reception?

If you would like the Celebrant to also act as the MC for the reception, this can be arranged but will incur a separate fee.

If you wish to invite the Celebrant to attend the reception as a non-working guest, it is a lovely but unnecessary gesture and so you are in no way obligated to do so.

One question you may ask yourself is: “if this person wasn’t our celebrant, would we be inviting him?”

The first things that the Celebrant must do after the Ceremony are:

  • ensure the safety & security of your certificates & documents;
  • pack up & remove valuable equipment.
  • Be available for photographs

A lot of work and energy goes into preparing for a ceremony and so the celebrant might just need a rest afterwards and if attending the reception, the ‘work’ might continue.😊

So, invite if you wish, but please don’t be offended if the Celebrant politely declines.

·     CEREMONY: How can I incorporate something special at the end of the ceremony?

Easy. Decide what you want, and we will work together to make it come to fruition.

·     CEREMONY: How do I know what to do next?

You will approve the Ceremony script beforehand, but I will guide you through the entire ceremony.

If you like we can have a full rehearsal on-site which might be important & helpful for larger wedding at a venue but usually a run through is sufficient for small wedding.

If you are using a wedding planner, the planner will coordinate activities outside and around of the ceremony.

·     CEREMONY POSITIONS: What side are we supposed to stand on during the ceremony?

Positions will be dictated by the Ceremony style, rituals, entrance, venue etc.

Traditionally, the bride stands to the left side of the groom. (ask me why).

The rest of the bridal party fan out from that point ie Groomsmen to the groom’s right and Bridesmaids to the Bride’s left.

Guests of the bride and groom should follow suit, sitting on the side of whomever they know best or are related to.

For Jewish ceremonies, it’s the opposite. Groom to the left, Bride to the right.

For a casual events, you may stand wherever you want (or wherever you are directed to).

Traditionally, in a religious ceremony, the entire bridal party faces the altar but in a Civil Ceremony with guests, everyone faces the guests but if there are no guests, then a circle can be formed comprising of the Bride & Groom, witnesses, and Celebrant.

·     CEREMONY POSITIONS: Where do I stand during the ceremony?

Positions will be dictated by the Ceremony style, rituals, entrance, venue etc.

Traditionally, the bride stands to the left side and the groom on the right. (ask me why).

Guests of the bride and groom should follow suit, sitting or standing on the side of whomever they know best or are related to but if close to both, just fill the gaps.

·     CEREMONY SIDES: Which side is the bride’s side, and which is the groom’s side at the ceremony?

Traditionally, the bride stands to the left of the groom. (ask me why).

Positions will be dictated by the Ceremony style, rituals, entrance, venue etc.

Guests of the bride and groom should follow suit, sitting on the side of whomever they know best or are related to and mutual friends should sit on the side that has less people, but many couples opt for people to sit wherever they are most comfortable.

As a seated guest at a Religious Ceremony in a Christian Church, you will be facing the front and the bridal party will be facing the altar. The Groom will then commonly to your right and Bride to your left but for Jewish ceremonies, it’s the opposite.

As a seated guest at a Civil Ceremony, you will be facing the front and the bridal party will be facing you. The Groom will then commonly be to your left and Bride to your right.

The positions may however be changed in a Civil Ceremony as we are not bound by tradition.

·     CEREMONY SIDES: Why does the Groom stand to the right?

This traditional originates in the times when women were regarded as possessions or as a direct link to wealth as an heir and so it was always feared that the Bride might be kidnapped or might have had other suitors who could interfere and so the Groom (and his Best Man) stood to the right to keep their sword arms free enabling quick and ready access their swords so that they might be able to defend the marriage ceremony.

If the groom was left handed, logically that would reverse but as left was regarded as being inferior, men of the times still battled with their right hands.

·     CERTIFICATE –  Can I order my NSW BDM Marriage registration certificate through you?

Yes, of course. I’m pleased to help.

If I, as your Celebrant, order the NSW Certificate for you, I find that it usually gets delivered to me within 2-5 working days by Registered Post but that is of course subject to NSW BDM processing time and Australia Post, delivery periods (had one take about 7 days).

Fees for a direct application to the NSW BDM are listed on the NSW BDM Webapge at 2017 NSW BDM Fees for products and services flyer [PDF 150kb]

Standard NSW Certificates for the NSW BDM for Birth, Death, Marriage, Relationship, Replace Change of Name and Single Status is:         $56.00

I charge a Handling & delivery fee of just $19.00 and so the total fee from me is $75.00

You will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful People tab, under Births, Deaths & Marriages.

CERTIFICATE: What is a Certificate Of No Impediment To Marriage (CNI) and do I need one?

You only need one if marrying in some countries other than Australia.

A Certificate Of No Impediment To Marriage (CNI) is an official document that proves you are eligible for marriage.

This document is not usually required in Australia but couples are required to complete a Declaration Of No Impediment To Marriage.

If you are a foreign citizen and have been married before, a Certificate Of No Impediment To Marriage (CNI) may be accepted as proof of termination of the previous marriage.

For Australian couples marrying overseas, a Certificate Of No Impediment To Marriage (CNI), may be required by the foreign government and/or local authority.

For those who wish to undertake a legal marriage overseas, it is not within my capacity to conduct a ‘legal’ marriage ceremonies other than within Australian borders but  an easy alternative in assisting couples who wish to have an overseas Ceremony, is to provide the couple with a ‘Legals Only Marriage Ceremony’ before their departure and they are then free to undertake a Ceremony (renewal of vows) anywhere overseas unburdened by any further overseas legal processes (because they are already married in Australia). I can conduct that non-legal Ceremony anywhere in the world.

Couples should check with the relevant Embassy or Consulate to establish if additional Authentication or an Apostille Seal is required beyond the CNI.

If needed, you can download the application from Department of Foreign Affairs and Trade (DFAT), and complete the document legalisation request form.

For up-to-date information, go to the Department of Foreign Affairs and Trade (DFAT) website via this external link-How can I get an authentication, apostille or Certificate of No Impediment to Marriage (CNI)?

The document legalisation request form can also be downloaded from DFAT.

The couple then mail their document(s), document legalisation request form and a self-addressed return envelope to DFAT at the postal address on form. If applying for a CNI they will also need to send the CNI application form and supporting documents with the document service request form above.

Lodging your form via mail

Melbourne

Australian Passport Office Authentications Section
GPO Box 2239
MELBOURNE VIC 3001

Sydney

Australian Passport Office Authentications Section
GPO Box 2239
SYDNEY NSW 2001

​Alternatively, legalisation requests can be lodged in person at Australian Passport Offices. Lodgment in person is by appointment only. You can make an appointment by phoning 1300 935 260. You may arrange for someone else to attend on your behalf.

·     CERTIFICATE ERROR –  How do I fix any errors on a birth, death or marriage certificate?

If you find an error on a Marriage Certificate I have issued, please contact me immediately.

For all other errors, contact the relevant registry of Births, Death and Marriages (see list below).

You will find links to the State Registries, and some International Registry details on my Helpful links page.

You will need to provide proof of your connection and identity, but you will be able to then obtain a corrected birth, death or marriage certificate from the registry in the state in which the event was originally recorded.

For Marriage Registration Certificates, only one can be issued at any given point and so if there is an error, you will have to return the one with the error for a new one to be issued.

Death register Applications can be made by:

    • the next of kin listed on the death certificate
    • the informant or person who provided the to the Registry at the time of death
    • a funeral director if the death occurred less than 3 months prior to the application.

However, only the doctor who provided the original information to the Registry or the Coroner can make changes to the details of the cause of death.

You will find links to the State Registries, and some International Registry details on my Helpful links page.

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·     CERTIFICATE OF NO IMPEDIMENT TO MARRIAGE (CNI): How can I get an authentication, apostille or CNI?

For up-to-date information, go to the Department of Foreign Affairs and Trade (DFAT) website via this external link-How can I get an authentication, apostille or Certificate of No Impediment to Marriage (CNI)?

You can also download from DFAT, and complete the document legalisation request form.

You then mail your document(s), document legalisation request form and a self-addressed return envelope to us at the postal address on form. If you are applying for a CNI you will also need to send the CNI application form and supporting documents with the document service request form above.

DFAT recommends that you send your document via registered post, include a self-addressed registered post envelope for its safe return and keep a copy of both tracking numbers. DFAT cannot take responsibility for documents lost in the mail.​

Lodging your form via mail

Melbourne

Australian Passport Office Authentications Section
GPO Box 2239
MELBOURNE VIC 3001

Sydney

Australian Passport Office Authentications Section
GPO Box 2239
SYDNEY NSW 2001

​Alternatively, legalisation requests can be lodged in person at Australian Passport Offices. Lodgment in person is by appointment only. You can make an appointment by phoning 1300 935 260. You may arrange for someone else to attend on your behalf.

·     CERTIFICATE OF NO IMPEDIMENT TO MARRIAGE (CNI): When would I need a CNI?

This question is only relevant if you intend to marry overseas.

If that is your intention, you will need to check requirements within the chosen country.

A Certificate Of No Impediment To Marriage (CNI), may be required by the foreign government.

You should check with the relevant Embassy of Consulate to establish if a CNI or additional Authentication or Apostille Seal is required.

If needed, you can download the application from Department of Foreign Affairs and Trade (DFAT), and complete the document legalisation request form.

If marrying in Australia however, a Certificate Of No Impediment To Marriage (CNI) is not a requirement though you will be required to complete a Declaration Of No Impediment To Marriage.

I am registered as an Authorised Celebrant by the Australian Attorney General to conduct marriage ceremonies within Australian borders so that your marriage can be registered in Australia.

If you would like me to conduct your Ceremony offshore, the best option may be a ‘legals only’ ceremony within Australian borders, and then you will be free to celebrate the occasion with a celebratory ceremony offshore.

·     CERTIFICATES – OVERSEAS AUSTRALIAN CITIZENS: How do I get a Certificate if I am an Australian Citizen but I live overseas?

Registrations for Australian citizens lodged overseas at Australian Embassies, High Commissions, Consulates-General, Consulates, or other Australian or United Kingdom missions are controlled by the Department of Immigration and Border Protection. These include the registration of children born overseas to Australian citizens.

Requests for information about births, deaths and marriages registered at Australian overseas posts should be directed to:

Department of Immigration and Border Protection
PO Box 25
Belconnen ACT 2616

Tel: (02) 6264 1111

·     CERTIFICATES COST: How much does the NSW BDM charge for certificates?

2017 NSW BDM Fees for products and services flyer [PDF 150kb]

    • Fee for International Registered Post: add $9.
    • Fee to fax information to a Passports office: add $42.
    • Fee for each additional search of up to 10 years: add $43.
    • Fee for Priority processing of certificate application: add $26.
    • Credit card surcharge: 1.4% for AMEX and 0.4% for Mastercard or Visa.

·     CERTIFICATES FROM OVERSEAS – I am an Australian Citizens Or Residents Born Overseas, can I get my birth certificate from an Australian Registry?

Records of births and marriages which took place before a person migrated to Australia are not maintained by the Australian Government.

Where the person has been naturalised such details will usually be found on the application for naturalisation.

CERTIFICATES – UKRAINIAN REFUGEE: I don’t have a birth certificate or passport as these were taken from me when I left Ukraine as a refugee over 30 years ago and I no longer have my original travel documents issued to me by Australia; only a drivers’ licence, so how do I prove my date of birth and identity?

Your driver’s licence can be used as your proof of identity but not proof of your date and place of birth.

The following documents only are acceptable as evidence of a party’s date and place of birth:

  • an official (original) certificate of birth, or an official extract of an entry in an official register showing the date and place of birth of the party, or
  • a statutory declaration from the party or the party’s parent stating:
    • it is impracticable (this does not mean not practical or convenient; it means impossible) to obtain an official birth certificate or extract, and the reasons why, and
    • to the best of the declarant’s knowledge and belief and as accurately as the declarant has been able to ascertain, when and where the party was born, or
  • a passport issued by the Australian government or a government of an overseas country showing the date and place of birth of the party.

I would suggest you contact the Embassy of Ukraine in Australia, as there may now be records available.

Embassy of Ukraine in Australia
Chief: Kulinich Mykola
Ambassador of Ukraine to Australia
Level 12:1/60 Marcus Clarke Street, Canberra ACT 2601
GPO Box 1567, Canberra, ACT, 2601.
http://australia.mfa.gov.ua/en
Phone: +61 2 6230 5789
Fax: +61 2 6230 7298
Email: emb_au@mfa.gov.ua

There is also an application form available for download from the Embassy website for persons seeking certificates.

If you are unable to obtain a birth certificate, you will need to include the evidence of your efforts in preparing a Statutory Declaration to attest to your identity and why you are unable to obtain record of your date and place of birth. You will also need to submit a Statutory Declaration from a parent.

Here is an extract from the Guidelines for Marriage Celebrants referring to Statutory Declarations in these circumstances.:

4.4.3 A STATUTORY DECLARATION

If a party does not have a birth certificate (for example, if a party was born in a refugee camp and did not receive a birth certificate) or passport, the party, or a parent of the party, may make and give to the authorised celebrant a statutory declaration setting out the reasons why it is ‘impracticable’ (impossible) to obtain such a certificate or extract. The declaration must also state, to the best of the declarant’s knowledge and belief, and as accurately as the declarant has been able to ascertain, when and where the party was born (see Part 12.5 of these Guidelines for further information on statutory declarations).

Other than in very exceptional circumstances, an authorised celebrant should not accept a statutory declaration from a person born in Australia, as it is almost always possible to obtain a birth certificate or extract from the State or Territory of birth. However, in the very rare situation that a party born in Australia does not have a birth certificate or extract (or a passport) and it is impracticable to obtain one, they may provide a statutory declaration instead. For example, a party who was born in a remote community whose birth was never registered with authorities may not be able to obtain an official birth certificate. It would be appropriate to allow such a person to make a statutory declaration as proof of their date and place of birth.

CERTIFICATES: How many marriage certificates must an authorised celebrant prepare for signing?

The short answer is Three.

The detailed answer follows and can be found in section 6 THE MARRIAGE CERTIFICATES (page 82) of the Guidelines on the Marriage Act 1961 for Marriage Celebrants – July 2014.

Section 50 of the Marriage Act 1961 (Cth) requires the authorised celebrant to prepare and sign the following three marriage certificates for each marriage he or she solemnises:

  1. the Form 16 official certificate of marriage, which is sent to the relevant BDM for registration purposes (discussed further in Part 6.1 of these Guidelines)
  2. the second Form 16 official certificate of marriage kept by the authorised celebrant or the church (discussed further in Part 6.2 of the Guidelines), and
  3. the Form 15 certificate of marriage, which is given to the parties (discussed further in Part 6.4 of the Guidelines).

Each of these certificates is regarded as evidence of the marriage an authorised celebrant must take the utmost care in preparing them and so the couple, witness and Celebrant must all take care signing them.

Subsection 45(3) of the Marriage Act states that a certificate of marriage prepared and signed in accordance with section 50 is conclusive evidence that the marriage was solemnised in accordance with that section.

It will be necessary for authorised celebrants to prepare all three certificates before the ceremony.

No other certificates that include the words ‘marriage certificate’ or contain the Commonwealth Coat of Arms can be issued.

A replacement certificate cannot be issued in case of damage or loss.

Other souvenirs that do not purport to be a marriage certificate are acceptable, such as a framed copy of the vows, or a copy of the ceremony.

Please note that some Births, Deaths & Marriages Registries, issue commemorative certificates to couples, however these are not official certificates of marriage.

If the ceremony does not take place, the celebrant still has some work to do as the Celebrant must:

  • destroy the certificate for the parties (Form 15) and
  • record the details on the record keeping sheet.
  • destroy the registration copy (Form 16)  and
  • mark the the butt of the registration copy as ‘cancelled’, and
  • mark the entry in the register (second official certificate) as ‘cancelled’.

CERTIFICATES: What certificates or amendments to certificates, can I apply for at the NSW Registry of Births, Death & Marriages (NSW BDM)?

Once a life event is registered in NSW, you can apply online for a certificate. NSW BDM advises that their system is device-friendly, fully integrated, safe and secure but that you should ensure you are using the latest versions of Internet Explorer; Chrome or Firefox. I always find that when dealing with any government department, Internet Explore tends to have fewer glitches.

These are the online links:

These are links to fillable forms for use in requests by mail or in person:

​Type

​Application forms
Birth​ ·         ​Birth certificate application [Fillable PDF 500kb]

·         Apply to add a parent to a birth [Fillable PDF 550kb]

·         Recognition of early pregnancy loss [Fillable PDF 110kb]
​Death ·         ​Death certificate application [Fillable PDF 560kb]

·         Section 50 Search application [Fillable PDF 400kb]
Marriage ·         ​Marriage certificate application [Fillable PDF 1.4Mb]

·         Single Status certificate application [Fillable PDF 430kb]

·         Notice of intended marriage [Fillable PDF 100kb] 
Relationship ·         ​Apply to register a relationship [Fillable PDF 670kb]

·         Apply to revoke a relationship [PDF 350kb]

·         Withdraw application revoke a relationship [PDF 340kb]

·         Apply for relationship certificate [Fillable PDF 380kb]
Change of Name ·         ​Change of Name for an Adult [Fillable PDF 1.4Mb]

·         Change of Name for a Child [Fillable PDF 950kb] 

·         Change of Name – Replacement [Fillable PDF 420kb]
​Amendments ·         ​Apply to correct an entry [Fillable PDF 275kb]

·         Apply to record a change of sex [PDF 600kb] 

·         Apply for a recognised details certificate [PDF 740kb]
​Other forms ·         ​Family history postal applications [PDF 260kb]

·         Letter of Authority, giving permission to apply [PDF 90kb]

·         Statutory Declaration – Oaths Act 1900, NSW [PDF 20kb]

·         Request GIPA & Registry documents [Fillable PDF 260kb]

·         Credit card authorisation [PDF 540kb]

You will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful links page.

·     CERTIFICATES: When can I get my registration certificate?

I may be able to acquire this for you but Certificates are otherwise distributed by registered post when you apply by post, online or in person at Service NSW or other agencies. Australia Post regular delivery time is up to 6 working days.

Certificates can be collected in person when an application is lodged at a Registry of Births Deaths & Marriages Office, but Commemorative certificates are delivered by mail.

When applying by post, online or in person at Service NSW or other agencies, certificates are distributed by Registered Post. The fee for Postage & Handling ($9 including GST) is already added into prices below.

Contact the relevant registry of Births, Death and Marriages. You will need to provide proof of your connection and identity, but you will be able to then obtain a corrected birth, death or marriage certificate from the registry in the state in which the event was originally recorded.

The easier option is to have me order it for you which I can do online when I register your marriage.

You will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful links page.

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·     CHANGE OF NAME – What is the difference between a change of name by Deed Poll and a Change of Name certificate?

 In the past a person wishing to formally change their name would lodge an instrument with the State Registrar of Deeds or Titles. This was called changing your name by Deed Poll. That process has now largely been replaced throughout the States and Territories by Change of Name procedures under which a person applies to have a change of name registered with the State or Territory BDM.

Change of Name certificate procedures differ from Deed Poll procedures and both procedures vary between the States and Territories. Most States will only register a change of name for a person whose birth has been registered in that State or who has been resident there for a certain period of time.

Parties should be advised to check where and how to apply for the Change of Name certificate. In some States Deed Poll name changes have been transferred to the Register of Change of Names. People who have changed their name by Deed Poll should check with the BDM in the State or Territory where the change was executed whether they need to obtain a Change of Name certificate.

You will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful links page.

·     CHANGE OF NAME – Can I use my new name on the Notice Of Intended Marriage (NOIM) after a change by Deed Poll?

Yes, they may use this name.

Generally, a change of name by Deed Poll that was registered before the commencement of the Change of Name Certificate BDM process in the relevant State or Territory is still a valid change of name. If an authorised celebrant has any doubt as to the validity of a person’s Deed Poll documentation they should contact the relevant BDM for further guidance.

You will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful People tab, under Births, Deaths & Marriages.

·     CHANGE OF NAME – Can we lodge a Notice Of Intended Marriage (NOIM) before obtaining a Change of Name Certificate?

If a party would like to use a name other than the name on their birth certificate, can they lodge a Notice Of Intended Marriage (NOIM) before obtaining a Change of Name Certificate in order to meet the one-month minimum timeframe for giving notice?

Yes.  They can lodge the NOIM but must record the name on their birth certificate. This can be amended once the Change of Name certificate is obtained and prior to the completion of the marriage certificates. Parties should ask the relevant BDM how long this process will take. It will vary but should be less than the one month’s minimum notice period.

The marriage celebrant may permit the change to be made in his or her presence by either of the parties at any time before the marriage has been solemnised. The alteration should be initialled by the party correcting the error and by the celebrant. The corrected notice may then be treated as having been given in its corrected form.

If the change of name is not obtained prior to the date of the marriage the original birth certificate name should be used on the marriage certificates.

You will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful People tab, under Births, Deaths & Marriages.

COMPLAINTS: How do I make a complaint against a Marriage Celebrant?

The first step is of course to talk to the Celebrant concerned.

You may find that the issue can be quickly and easily resolved.

If it is not resolved and you wish to make a formal complaint, there are different process for Celebrants who are Ministers Of Religion and those who are Commonwealth-Registered Marriage Celebrant.

If you have a complaint about my service or a Ceremony I have performed, the first step is of course to talk to me as I am certain we can resolve any concerns.

If you are still not satisfied, put your complaint in writing to me and I will again do my best to find a satisfactory solution.

If all efforts have still left you unsatisfied and you would like to take it further please see the recommendations below from the office the Attorney General or go to the Attorney-General’s Department Website here.

The Attorney-General’s Department only deals with complaints relating to Commonwealth-registered marriage celebrants, including religious marriage celebrants. These complaints are considered by the Registrar of Marriage Celebrants, an officer in the department.

Minister Of Religion
If you want to make a complaint about a minister of religion for a recognised denomination, you will need to write to the registry of births, deaths and marriages in your state or territory.

Ministers of religion for recognised denominations can be found on the Find a marriage celebrant page.

Commonwealth-Registered Marriage Celebrant
If you want to make a complaint about a Commonwealth-registered marriage celebrant, including myself, you should consider:

  • whether you can settle the matter directly with the celebrant
  • that we do not have the power to make a celebrant refund money
  • that your complaint may be refused if it is not made within three months of you becoming aware of the subject matter of your complaint. You can email us at marriagecelebrantssection@ag.gov.au to request more time.

Further information is detailed in the following fact sheet:

Complaint’s process – Solemnisation Of A Marriage

Complaints about the solemnisation of a marriage by a Commonwealth-registered marriage celebrant must be made using the following form:

If your complaint is not about the solemnisation of a marriage, you may submit a complaint using the Attorney-General’s Department online enquiry form available from the Marriage page

If you require assistance with preparing your complaint, email the Attorney-General’s Department at marriagecelebrantssection@ag.gov.au or contact the office by phone.

Once the department receives your complaint form, they will make a preliminary assessment of your complaint and send it to you and to the celebrant.

We will both be given an opportunity to comment.

The comments may include any additional information, including photographs or signed witness statements. The department will consider comments provided by you and the celebrant before making a final determination.

You and the celebrant will be advised of the outcome, which may include imposing a disciplinary measure, or taking no action.

Information the department holds about your complaint may be subject to a freedom of information request. This means information you provide to the department may be released to the public. More information is available on the Freedom of information page.

CONJUGAL STATUS: Who has the responsibility to satisfy the authorised celebrant that that a couple are free to marry?

We find the answer in the Guidelines for Marriage celebrants.

4.5 ESTABLISHING THE CONJUGAL STATUS OF THE PARTIES TO THE MARRIAGE – ITEMS 5 AND 17 OF THE NOIM

It is the responsibility of each party to a marriage to satisfy the authorised celebrant that they are free to marry.

If an authorised celebrant is not satisfied that this is the case, they should advise the party to seek legal advice as to the validity of the end of any previous marriage, and refuse to solemnise the marriage.

Current NOIM

 When the NOIM was updated in December 2017 some questions were renumbered.

The NOIM still requires each party to state their conjugal status.

Previously Items 5 & 17 of the NOIM were key to this question but the current NOIM has the following:

  •  Item 7, – Conjugal status, and
  • Item 19, – How LAST marriage was terminated

Conjugal Status Options

The options that may be listed on the NOIM to describe the conjugal status of the parties are:

  • widowed
  • divorced, or
  • never validly married.

 If a party has been previously married, that party must give the following particulars on the NOIM:

15      Number of previous marriages
16      Year of each previous marriage ceremony (If known, give date)
19      How LAST marriage terminated (Insert “death”, “divorce” or “nullity”)
20      Date on which last spouse died, or date on which dissolution of last marriage became final, or nullity order made

Decree of Nullity, or an Annulment = ‘Never Validly Married’

 Where a party has never been married, or has had their marriage declared invalid or void by a court (by a decree of nullity, or an annulment), their conjugal status is ‘never validly married’.

Some countries (such as the Philippines) do not recognise divorce and the order ending the marriage is an annulment. In such a case the person’s conjugal status is ‘never validly married’.

The terms ‘bachelor’ and ‘spinster’ are not to be used.

For further information regarding annulments see the Part 4.8.3 below.

How The Last Marriage Was Terminated – Evidence is Required Before Marriage

 Item 19 of the NOIM requires the parties to state how their last marriage was terminated, if they have previously been married. The options that may be listed in item 17 of the NOIM are:

  • death
  • divorce, or
  • nullity

If a party has indicated on the NOIM that they were previously married (item 7), and this marriage was terminated through death, divorce or nullity (item 19), they must produce evidence of the termination of their previous marriage to the authorised celebrant.

This evidence must be produced to the authorised celebrant prior to the marriage being solemnised.

Statutory Declaration Is Not Enough

A statutory declaration is not acceptable evidence of divorce or death of a former spouse.

If an authorised celebrant is faced with circumstances in which evidence of divorce or death of a former spouse is not available, noting such circumstances are exceptional, the celebrant should contact the department for guidance.

·     COST: Certificates: How much does the NSW BDM charge for certificates?

If you don’t want me to apply for you, you can apply direct the a BDM.

When applying by post, online or in person at Service NSW or other agencies, certificates are distributed by Registered Post. The fee for Postage & Handling ($9 including GST) is already added into prices below.

NSW BDM 2017 Fees for products and services flyer [PDF 150kb]

    • Fee for International Registered Post: add $9.
    • Fee to fax information to a Passports office: add $42.
    • Fee for each additional search of up to 10 years: add $43.
    • Fee for Priority processing of certificate application: add $26.
    • Credit card surcharge: 1.4% for AMEX and 0.4% for Mastercard or Visa.
Fees effective from 1 September 2017 $AUD
Standard certificates: Birth, Death, Marriage, Relationship, Replace Change of Name and Single Status. $56
​Commemorative Birth or Marriage Package: includes 1 Commemorative and 1 standard certificate (add $25 for extra Commemorative certificate). $81
Change of Name: Fee includes registration and certificate. Add $51 if Priority processing for registration and certificate is required. $185
Family History certificates with registration number: Births over 100 years; Deaths over 30 years; Marriages over 50 years.  $33
Family History certificates without registration number: includes 10-year search.  $46
Adding or Removing Parent information: add $56 for a certificate.  $69
Birth Record of an Adopted Person: for fees refer to Adoptions  N/A
Recording a Change of Sex: includes registration and certificate. $127
Relationship Registration: includes registration and certificate.
Add $39 if you require a letter confirming you have lodged an application.		 $219
Revocation of Relationship: add $56 if a certificate is required.  $82

If you did not find what you need, you will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful People tab, under Births, Deaths & Marriages.

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CHILDREN: How can I include children in my Ceremony?

There are many ways children can be included in your Ceremony.

You will find this same, or an updated version, of this information in Wedding Ideas on my web page, or click the link to go directly to the section on Children

For your own children in particular, including them in the ceremony can remove anxiety about the marriage, as they are of course, a very important part of your marriage and of the ‘new’ family it creates, so it is always preferable to include them in some way in the ceremony.

This is particularly important for teenage children.

Inclusion can be as simple as mentioning their names during key parts of the ceremony such as the vows, or including them in a unifying ritual.

The Celebrant can mention and introduce them.

Depending on ages and ability of a child, you can assign set tasks and responsibilities such as:

  • Bridal escort
  • Junior Bridesmaid/Groomsman
  • Page boy
  • Flower girl/boy
  • Ring bearer/s
  • Ushers
  • Bouquet holder
  • Announcer
  • Reader
  • Welcomer
  • and lots more….

It is really up to the imagination but  many choose  ‘unity’ rituals which create  inclusiveness. Follow the links to find out more.

If you are choosing to take on a new name, you may even wish to include a Naming Ceremony for your children (though an official Change of Name, would still have to be lodged with the Registry of Births Deaths and marriages – for more information on changing names, see NAME CHANGE IN NSW: How do I change my name in NSW after marriage?. )

You might enjoy this video

COLDS  & FLU: I have a cold/flu, how can I get through the ceremony?

See your doctor for advice but my tactic is:

  • Exercise the day before
  • 1 or 2 cold & flu tabs before bed
  • Loads of sleep the day/night before
  • 1 or 2 cold & flu tabs about 4 hours before event & again @ 15 minutes before
  • an antihistamine (I prefer Clarintyne)
  • ibuprofen and/or paracetamol 1 hour before
  • Arrive early to allow for a rest before the event
  • Lots of fluids (but take a bathroom break just before event),
  • a dab of Vicks inside the nostrils (check in mirror to make sure it doesn’t show)
  • a mint lolly or a Listermint just before to clear the nasal passage
  • loads of antiseptic hand wash to prevent passing on the virus/germs
  • have tissues and/or hanky at the ready & cough only into the elbow or into a handkerchief
  • have an exit plan to rest immediately afterwards
  • lots of fluids to clear chemicals from your kidneys

COMMISSIONS: Do you pay any secret commissions to vendors, or do they pay you a secret commission?

The short answer is absolutely NO.

I do not pay or receive, any secret commissions whatsoever.

I may however, under particular ethical conditions, pay a referral or an advertising fee to a listing agency or directory service, or even reward a loyal client with a ‘bonus’ for a recommendation that results in a booking.

I might even send a gift in gratitude to a vendor who has been of particular assistance, but there is nothing secret at all about my dealing.

You will find FREE directory of helpful people on my webpage.

No one has paid to be in that directory. It is free and purely to assist clients.

The listing in my directory may result in cross or reciprocal referrals, but not in any secret commissions.

Finally, I am going to quote the law here simply because  I am strongly in favour of legal &* ethical conduct:

In NSW, Part 4A of the NSW Crimes Act 1900 prohibits the following conduct:

  • Receiving or soliciting, as an agent, an inducement or reward for doing or not doing something in relation to the affairs of their principal.
  • Corruptly giving or offering an agent an inducement or reward for doing or not doing something in relation to the affairs of the agent’s principal.
  • Use of misleading documents or statements by agents with the intent of defrauding their principals.
  • Corrupt inducements to a person for giving advice to a third party which induces them to enter into a contract or appoint the person who gives the inducement to any office.
  • Penalties for infringement include fines as well as imprisonment for up to 7 years for individuals that are involved.

·     COST: What do you charge?

Your investment in having me assist is all on my web page under INVESTMENT (FEES)

·     COST: What is the cancellation / refund policy?

Details are on my website and in your contract.

·     COST: What is the payment / deposit policy?

Details are on my website and in your contract.

·     COST: What kinds of payment do you accept?

Details are on my website and in your contract.

CRIME: Do I break any laws if I am not truthful when getting married?

Relationships are based on trust, so it is always best to be truthful if you want your marriage to succeed, but as for the law, to answer your question, let’s look at the offences :###

  • Section 94 (bigamy) – it is an offence for a person to marry a person while still married to some other person.
  • The penalty for contravention of section 94 is imprisonment for five years.
    Subsection 95(1) – provides that it is an offence to go through a form or ceremony of marriage with a person who is not of marriageable age (unless all requirements concerning consents and judicial order are met).
    The penalty for contravention of subsection 95(1) is imprisonment for five years.
  • Subsection 95(2) – provides that it is an offence to go through a form or ceremony of marriage with a person who is a minor (that is, a person aged under 18) without the minor first obtaining consent to marry from their parents (or other prescribed person). The requirement for consent does not apply if the minor has previously been married.
    The penalty for contravention of subsection 95(2) is imprisonment for six months.
  • Section 103 – provides that it is an offence for a person to go through a form or ceremony of marriage with another person knowing that the person solemnising the marriage is not authorised to do so, and having reason to believe that the other party to the marriage believes the person solemnising the marriage is authorised.
    The penalty for contravention of section 103 is five penalty units or imprisonment for six months.
  • Section 104 – provides that it is an offence for a person to give a NOIM under section 42 or the declaration required under section 42 or sign such notices after they have been given if, to the knowledge of that person, the notice contains a false statement or error or is defective. The penalty for contravention of section 104 is five penalty units or imprisonment for six months.
  • It is also important to note that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence against the Statutory Declarations Act and is liable to four years imprisonment.

·     DATE: How far in advance do we have to book you as our Celebrant?

The NOIM must be lodged no more than 18 months before the ceremony and no less than one month before (unless there is a Shortening of Time) however the actual wedding date can be booked at any time, though in practicality, the earlier the better to ensure that your chosen date is available since many book, one or more years in advance.

In early 2018, I received a booking for early 2020.

·     DATE: How long before my wedding will I need to book a venue?

There are so many variables. If it is a popular, commercial wedding venue it is not uncommon to book 12-18 months in advance, unless there is a cancellation.

Depending on the size of your party, many venues can hold more than one function at a time.

If it is a park, beach, community hall or club, you may be able to book in only weeks or a few months in advance.

Spring tends to be the busiest time, followed by Autumn and Summer and finally Winter and so if you want a Winter wedding, you will have more options and maybe even a lower price.

·     DATE: What dates and times are available?

You will need to call me to find out. My diary can fill quickly and some book two years in advance, however but there are almost always gaps.

I work full time as a Celebrant and so am available up to 7 days per week for ceremonies, excluding Christmas Day and Easter Friday/Sunday.

(Extra fees do of course apply for Public Holidays.)

I don’t generally book more than one ceremony on a single day as I prefer to offer my full attention without distraction.

A marriage occurring in Australia may be solemnised on any day, at any time, and at any place. 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 but of course, wedding on docked ships are common.

·     DATE: Why do I have to wait a month?

Section 42 of the Marriage Act 1961 (Cth) requires the parties to an intended marriage to give the authorised celebrant at least one month’s written notice prior to the solemnisation of the marriage. This notice is known as the Notice of Intended Marriage (NOIM).

DEAF or HEARING IMPAIRED: I am deaf, and I am told we will need an interpreter for our  wedding so where do I find one ad how much will it cost?

The Deaf Society has a list of interpreters available on their website.

Often for weddings, or other celebrations, deaf people pay for the interpreter/captions through their NDIS package and they can book this online through the deaf society web-app for NDIS users. Or if they do not have NDIS, interpreters usually do this work pro-bono through ASLIA (the Australian Sign Language Interpreters Association) as many interpreters give back to the community in this way.

You will find more information on their website – Australian Sign Language Interpreters Association

DEAF or HEARING IMPAIRED (DEAF): I am deaf, can I say my vows in Auslan?

The Guidelines to the marriage says that if a party to a marriage communicates in a sign language, such as Auslan, they may say their vows using that sign language. See below:

5.9 INTERPRETERS

Section 112 of the Marriage Act provides that where an authorised celebrant considers it desirable to do so, they may use the services of an interpreter in, or in connection with, a marriage ceremony. It is prudent for an authorised celebrant to use the services of an interpreter when any one person among the authorised celebrant, parties or witnesses do not understand the language in which the marriage ceremony will be conducted. This includes ceremonies conducted in a sign language, such as Auslan.

The interpreter must be a person other than a party to the marriage, and they must be able to meet the requirements set out in section 112 of the Marriage Act. It is the authorised celebrant’s responsibility to decide whether an interpreter is necessary.

Subsection 112(2) of the Marriage Act states that the authorised celebrant must not solemnise a marriage at which the services of an interpreter are to be used unless the authorised celebrant has received a statutory declaration by the interpreter stating that he or she understands, and is able to converse in, the language/s required.

Immediately after the ceremony the interpreter must give the authorised celebrant a certificate of the faithful performance of his or her services as interpreter. The certificate must be in the approved form.48 The approved form for the certificate of faithful performance by the interpreter (formerly called the Form 24) is available on the department’s website.

The authorised celebrant must forward the statutory declaration and certificate of faithful performance by the interpreter to the appropriate registering authority with the registration copy of the marriage certificate.

DEAF or HEARING IMPAIRED (DEAF): My witness is deaf, so do we need an interpreter for the wedding?

The short answer is yes.

Under section 44 of the Marriage Act, a marriage may not be solemnised unless at least two persons are present at the ceremony who are, or appear to the person solemnising the marriage to be, over the age of 18 years. These are the persons who will sign the marriage certificates in their capacity as the witnesses to the marriage. When completing the marriage certificates the witnesses to the marriage should record their names in full, including any middle names.

The object of requiring the attendance of witnesses is that their evidence will be available to establish the identity of the parties or to testify as to the circumstances in which the ceremony was performed. The witness cannot perform this function if they cannot understand the Ceremony.

It is therefore desirable that the witnesses know the parties to the marriage. Arranging for the attendance of witnesses at the marriage ceremony is the responsibility of the parties to the marriage. The authorised celebrant is not responsible for providing witnesses.

DEATH OF PREVIOUS SPOUSE: What must evidence must I produce if my previous marriage ended in my partner’s death?

Firstly, if you have been married more than once, you only need evidence of the end of the most recent marriage to prove eligibility for a new marriage, which is quite separate to providing a paper trail for name changes and proving identity.

To answer this question, I refer directly from the Guidelines for Marriage Celebrants: 4.5.1 Evidence Of Death Of Former Spouse

Evidence

In the case of a party whose last marriage ended with the death of their spouse, couples must be advised the marriage cannot take place until evidence of the death has been provided.

The evidence of the termination of that marriage will be the spouse’s original death certificate.

Died In Australia

If the party wishing to marry does not have the death certificate, and their spouse died in Australia, the party should be able to obtain the death certificate from the Registry of Births, Deaths & Marriages (BDM) in the State or Territory where their spouse died.

Spouse Died Overseas

If a party’s former spouse died overseas, the authorised celebrant should still sight an original death certificate.

If an original death certificate is not available the authorised celebrant should contact the Attorney General’s Department for guidance.

Death Certificate In Another Language

If the party gives the authorised celebrant a death certificate in a language other than English, they also need to provide a translation of the death certificate by a NAATI accredited translator (see Part 4.10 of these Guidelines).

A translation by the party, a relative or a friend is not sufficient.

Uncertainty of the identity

If an authorised celebrant is not certain of the identity of a deceased person, they should insist on the production of a certificate that shows particulars of the previous marriage to the now deceased person, as well as evidence of the person’s death.

Statutory Declarations

Statutory declarations are not acceptable evidence of the death of a person’s former spouse.

DECEASED PARENT: When we signed the NOIM, both of my parents were alive, but one of my parents has since died and our wedding has not yet occurred. Do we have to change/update the information on the NOIM ?

Firstly, given the circumstances, you may wish to include a memorial ritual or activity, into your Ceremony, to honour the deceased and to recognise the absence of a loved one.

The answer to the questions though is Yes.

The update to the form is required prior to the Ceremony.

As the NOIM is an approved form and item 11 and 12 on the form must be answered.

These are the questions relating to father and mothers (maiden) name in full and whether or not one or both parents are deceased.

If the status changes to hand prior to the wedding, the Celebrant, is able to add “deceased” next to parent’s name in either section 11 or 12, depending on the parent.

The alteration should be initialed by the party correcting the error and by the celebrant.

The corrected NOIM may then be treated as having been given in its corrected form.

The Code of Practice for Celebrants requires accuracy in the preparation of marriage paperwork and a failure to update the NOIM as appropriate may result in disciplinary action against the Celebrant, and cause delay in the registration of the marriage.

·     DECORATIONS: What elements will make the biggest impact on ambience?

Flowers, greenery, an arch, ‘chuppah’, canopy, curtains, red carpet and lighting always add mood.

The soft light Candles can be magical but only at night when additional spot light or reading lights might be needed.

Depending on your budget, you might like customised signage.

If the wedding is large, add some attractive seating but if it is intimate, seating might create a barrier.

You can find suppliers on my Helpful links page.

·     DISCOUNT: Is there a discount for booking an off-season date or an off-peak time?

No. I don’t experience a particular season as such and so there is no ‘off-season’.

Check my web page and your contract, for pricing.

·     DIVORCE & DEATH: What surname should they put on the NOIM if a party has been married before, they are divorced, or their spouse has died, and the first marriage took place overseas?

A person in this situation has a choice.

If they continued using their birth name during the prior marriage they should record this name on the NOIM.

If they reverted to the name on their birth certificate after divorce or death of their spouse, they may record that name on the NOIM.

If they changed their name as a result of the first marriage and have kept using that name, then they may use this name on the NOIM. The authorised celebrant will of course need to see evidence of the death of, or divorce from, the first spouse.

·     DIVORCE: Can I divorce in Australia if married overseas?

Proper legal advice should always be obtained however my understanding is that you may make an application for divorce in Australia if you or your spouse is:

(a)    an Australian Citizen;

(b)    “domiciled*” in; and

(c)     an ordinary resident of Australia and has lived in Australia for the last 12 months.

*“domiciled” means that you or your spouse regard Australia to be your home country.

A marriage certificate issued by an authorised body of an overseas country is evidence of marriage.  An “authorised body” of an overseas country is an organisation that is authorised to perform marriages within that country for example, churches or other religious organisations.  You must provide a copy of your marriage certificate with your application for divorce.  If your marriage certificate is issued in a language other than English, you must provide an English translation of your marriage certificate.

In some (unusual) cases there may be two Courts, for example, the Family Court in Australia and a Family Court in another country that would have a right to determine the issue and annul a marriage.  However, there can be in those circumstances a question as to which of the two countries has the superior right to deal with the divorce.  In certain circumstances there are different consequences in relation to the issues that arise in property, spousal maintenance, child support and child custody depending on which country has the superior right and determines the matters on the breakdown of a marriage.

·     DIVORCE: Can I lodge a NOIM IF my DIVORCE IS not yet finalised?

A NOIM can be received by an authorised celebrant even though a party is, or both parties are, still married to another person at the date of receipt of the NOIM. In such cases it is sufficient that the married party or parties note when filling in the NOIM that they are still married, that a divorce order is being sought and the date upon which the divorce is expected to be finalised.

However, the marriage cannot be solemnised unless evidence of the divorce is given to the authorised celebrant prior to the solemnisation of the marriage.

·     DIVORCE: How do I prove I am divorced?

You need to provide documentary evidence obtainable from the court where you were divorced.

In Australia, the proof of divorce process allows you to request a search of the records of the Family Court of Australia and the Federal Circuit Court of Australia. Where a divorce can be proven, you will be provided with an official document that serves as proof that a divorce was granted and finalised.

Apply online

The process of requesting proof of divorce records is different depending on where and when your divorce was granted.

In NSW, you can apply on live at https://eservices.comcourts.gov/au/

For more information select the relevant option below:

These weblinks provide information for various states and courts:

·     DIVORCE: What evidence is required for Divorces Granted In Australia

For divorces granted in Australia the required evidence of divorce will depend on when the divorce was granted. As explained below, it will be either a ‘decree absolute’, ‘certificate of divorce’ or ‘divorce order’. An authorised celebrant with concerns about whether a party has provided sufficient evidence of divorce should contact the department for guidance.

When divorce granted Required evidence of divorce
5 January 1975 to 1 July 2002 ‘decree absolute’ (A ‘decree nisi’ is not sufficient.)
1 July 2002 to 3 August 2005 ‘certificate of divorce’ (The certificate will include wording of decree nisi/absolute but the document is called a certificate of divorce.)
3 August 2005 to 13 February 2010 ‘certificate of divorce’ (Wording on the certificate will refer to a ‘divorce order’.)
13 February 2010 to 17 December 2011 ‘divorce order’ (Issued electronically with no colour seals or signatures.)
From 17 December 2011 current ‘divorce order’ (Issued electronically with colour seal and signature. An authorised celebrant may accept a divorce order where seal and signature are not in colour.) (Wording includes the Court’s jurisdictional finding that one or both parties domiciled in or a citizen of or ordinarily resident in Australia.)

Appendix shows samples of divorce orders issued when:

 there is a child or children of the marriage, or

 there is a child or children of the marriage and the Registrar, while not

 

·     DIVORCE: Why do I have to show my previous Marriage or Divorce Certificate before I can remarry?

Under the  Marriage Act 1961, a party whose last marriage ended in divorce must produce evidence of this divorce to the authorised celebrant. This evidence should take the form of the actual certificate of divorce, decree absolute or overseas issued equivalent. These options are explained below.

Couples must be clearly advised that the marriage cannot take place until the evidence of this divorce has been sighted.

If a party has been married several times before, only the divorce order for the most recent marriage need be sighted by the authorised celebrant.

A divorce granted by a church is not the same as a divorce order made by a court, and does not demonstrate that a person is free to marry. A party claiming that a previous marriage has been annulled must provide the authorised celebrant with a court document to that effect.

To put this in context, Under Paragraph 42(1)(c) of the Marriage Act, each party to an intended marriage must make a declaration before the authorised celebrant as to their conjugal status and belief that there is no legal impediment to the marriage.

The declaration must be in accordance with the approved form, which is available to all authorised celebrants on the Attorney-General’s Department website.

The declarations must be made before the marriage is solemnised. This should occur as close as possible to the ceremony, even if this requires the parties to make a special attendance by the authorised celebrant.

The Marriage Act does not permit the declarations to be made immediately after the ceremony.

It is an offence for an authorised celebrant to solemnise a marriage unless both parties have made their declarations of no legal impediment.

It is also an offence for a party to knowingly give a false declaration.

The conjugal status a party gives in the declaration should be the same as that given in item five of the NOIM unless the party was waiting for their dissolution of marriage to be finalised at the time of signing the NOIM. In that case the conjugal status on the NOIM will be ‘married’ with some reference to the steps that have been or are being taken to dissolve that marriage, and the conjugal status given in the declaration will be ‘divorced’.

Paragraph 3 of the declaration deals with establishing that the party is of marriageable age and the party should be careful to cross out whichever statement is inapplicable. The authorised celebrant should initial the deletion in the margin. Where a party is a minor, his or her date of birth must be given. The authorised celebrant should at this stage, if this has not already been done, check that a section 12 order has been obtained from a court and check that the consent or consents required under sections 13 or 14 of the Marriage Act are adequate and in order (see Part 8.6 of these Guidelines for further information on marriage involving a minor).

If an authorised celebrant has reason to believe that there is a legal impediment to a marriage, or that a marriage would be void, the celebrant should not solemnise or purport to solemnise the marriage. To do so may be an offence. This is the case even if the marrying couple has signed their declaration, but the celebrant has reason to believe that declaration may be false.

The production of past Marriage and/or Divorce Certificate goes toward confirming that status but also serves to establish your identity.

Each party to a marriage must give their authorised celebrant documents that establish their date/place of birth and identity. In most cases people use the name recorded on their birth certificate, meaning that name will be recorded on all documents they give their authorised celebrant, and in the NOIM.

If a party gives their authorised celebrant documents recording different names, the authorised celebrant should check the party has provided a sufficient chain of documents that both establish their identity and link the names. The case studies below demonstrate such a chain of documents and how to use them.

·     DIVORCES : What evidence of divorce must i produce if my divorce was granted overseas?

If a person was divorced overseas they must provide the authorised celebrant with divorce documentation from the country where the divorce was granted.

The Attorney-General’s Department is unable to verify the validity of foreign divorce documents or divorce procedures.

An authorised celebrant with concerns about overseas divorce documents should advise the party/parties to contact the relevant embassy or high commission to seek written confirmation that the documents provided are appropriate evidence of divorce in that country (noting that in some cases a person (most notably a refugee) may not be comfortable approaching the embassy or high commission of their country of origin to seek this confirmation). This confirmation should be provided to the authorised celebrant. The Department of Foreign Affairs and Trade website has contact details for foreign embassies and high commissions in Australia (see http://protocol.dfat.gov.au/Mission/list.rails).

If the authorised celebrant is still uncertain as to whether the evidence of divorce is sufficient, or the person does not get confirmation from their country of origin’s embassy or high commission, they should recommend to the party that they seek legal advice in relation to the power of the Family Court, under section 104 of the Family Law Act 1975 (Cth), to make declarations as to the validity of an overseas annulment or a divorce. In some circumstances such a declaration that an overseas divorce is valid may be the only satisfactory evidence that a prior marriage has been dissolved.

Difficulties can arise if a person was divorced overseas and the records kept by the country where the divorce was granted have since been destroyed, or a party in Australia finds it impracticable to obtain records from overseas.

It is important for authorised celebrants to be aware that it is the responsibility of the party to the proposed marriage to satisfy the celebrant that they are free to marry. An authorised celebrant should ask the couple to provide legal advice supporting the validity of any overseas divorce if the celebrant is uncertain that the marriage has been dissolved. Celebrants should not solemnise a marriage if they are uncertain whether a prior marriage has been dissolved.

Statutory declarations are not acceptable evidence of divorce from a person’s former spouse.

Authorised celebrants should seek guidance from the department where a party to a proposed marriage was married in another country before he or she came to Australia and is unable to supply evidence of the end of a previous marriage. An example is a person who came to Australia as a refugee and may be unable to obtain evidence of the end of the previous marriage from the country in which they were previously married. The appropriate documentation needed in such instances will vary according to the particular situation.

Under the Family Law Act 1975 (Cth), a party to an overseas marriage can apply to the Family Court for a divorce in certain circumstances (eg. after a period of residency). It is recommended that the party seek legal advice about this potential option.

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·     DOCUMENTS: No Impediment to Marriage Declaration – Why do I have to sign it and show my previous Marriage or Divorce Certificate?

To put this in context, Under Paragraph 42(1)(c) of the Marriage Act, each party to an intended marriage must make a declaration before the authorised celebrant as to their conjugal status and belief that there is no legal impediment to the marriage.

The declaration must be in accordance with the approved form, which is available to all authorised celebrants on the Attorney-General’s Department website.

The declarations must be made before the marriage is solemnised. This should occur as close as possible to the ceremony, even if this requires the parties to make a special attendance by the authorised celebrant.

The Marriage Act does not permit the declarations to be made immediately after the ceremony.

It is an offence for an authorised celebrant to solemnise a marriage unless both parties have made their declarations of no legal impediment.

It is also an offence for a party to knowingly give a false declaration.

The conjugal status a party gives in the declaration should be the same as that given in item five of the NOIM unless the party was waiting for their dissolution of marriage to be finalised at the time of signing the NOIM. In that case the conjugal status on the NOIM will be ‘married’ with some reference to the steps that have been or are being taken to dissolve that marriage, and the conjugal status given in the declaration will be ‘divorced’.

Paragraph 3 of the declaration deals with establishing that the party is of marriageable age and the party should be careful to cross out whichever statement is inapplicable. The authorised celebrant should initial the deletion in the margin. Where a party is a minor, his or her date of birth must be given. The authorised celebrant should at this stage, if this has not already been done, check that a section 12 order has been obtained from a court and check that the consent or consents required under sections 13 or 14 of the Marriage Act are adequate and in order (see Part 8.6 of these Guidelines for further information on marriage involving a minor).

If an authorised celebrant has reason to believe that there is a legal impediment to a marriage, or that a marriage would be void, the celebrant should not solemnise or purport to solemnise the marriage. To do so may be an offence. This is the case even if the marrying couple has signed their declaration, but the celebrant has reason to believe that declaration may be false.

The production of past Marriage and/or Divorce Certificate goes toward confirming that status but also serves to establish your identity.

Each party to a marriage must give their authorised celebrant documents that establish their date/place of birth and identity. In most cases people use the name recorded on their birth certificate, meaning that name will be recorded on all documents they give their authorised celebrant, and in the NOIM.

If a party gives their authorised celebrant documents recording different names, the authorised celebrant should check the party has provided a sufficient chain of documents that both establish their identity and link the names. The case studies below demonstrate such a chain of documents and how to use them.

·     DOCUMENTS: Why & when do I have to sign a No Impediment to Marriage Declaration?

Under Paragraph 42(1)(c) of the Marriage Act, each party to an intended marriage must make a declaration before the authorised celebrant as to their conjugal status and belief that there is no legal impediment to the marriage.

The declaration must be in accordance with the approved form, which is available to all authorised celebrants on the Attorney-General’s Department website.

The declarations must be made before the marriage is solemnised. This should occur as close as possible to the ceremony, even if this requires the parties to make a special attendance.

DRESS CHOICE: Should I wear a strapless (off the shoulder) dress, or a dress with straps or shoulder covering?

A strapless dress can be very alluring and attractive but you need to be confident wearing it.

Practice your every movement for the Ceremony and afterwards, while wearing a sample dress and have someone else count the number of times you consciously or even unconsciously adjust the garment.

As a Celebrant, I have seen a variety of dresses and all brides look absolutely stunning, but my humble observation is that ‘off the shoulder’ (OTS) strapless dresses will slip up or down and will require frequent, if not constant adjusting even if well fitting and supported by the correct undergarments.

I had one bride let go of her groom’s hands during the vows so that she could adjust her strapless dress.

I am told that fashion models overcome the problem in photoshoots, largely by great design in dresses, very specific undergarments and most significantly, the use of ‘glue’ but even then, they are still restricted in movement.

So that while OTS is fashionable, every time I see a bride or bridesmaid, wearing one, the frequent tugging on the dress can become very distracting (for her & others) and could even impact on your wedding video and photographs.

Imagine turning to your beloved groom to take his hands and suddenly your dress distractingly slides upwards on your arms; and later when you are dancing or go to throw a bouquet, you discover that you have to quickly adjust the dress to avoid embarrassment.

The only way to reduce the movement of the dress, I am told, even if it is a perfect dress with correct undergarment fit, is gluing, pinning to other garments and restricting movement.

In contrast, even a small amount of shoulder support/covering eliminates all the problem and can add eloquence.

·     DRESS CODE: Do I need to include the dress code on the invitation?

Yes, it is wise and thoughtful to do that so that:

  • People will know what they should, wear e.g. dress for a movie theme, smart casual, cocktail attire, or black tie optional.
  • You will be reasonably confident that people will dress to the standard you require for the event.

·     DRESS CODE: Is there a dress code?

You can dress however you like. It is after all your wedding.

I dress to a standard appropriate to the circumstances.

As a default, I always wear a suit but if you would like me to wear something else, (e.g. costume, fancy dress), just let me know and we come to an arrangement… but I don’t think I would be comfortable;e going nude.

·     DRESS CODE: Should I list a dress code on the invitation?

Yes, it is wise and thoughtful to do that so that:

  • People will know what they should, wear e.g. dress for a movie theme, smart casual, cocktail attire, or black tie optional.
  • You will be reasonably confident that people will dress to the standard you require for the event.

It is always helpful for guests to have an idea of expectations but use clear, common sense language and instructions.

People generally understand ‘cocktail attire’, formal, black tie, smart casual etc. and so having that on the invite gives them a guide as to what they should wear.

If you are having a very casual event, you probably don’t want people turning up in tuxedos but likewise, if you have chosen ‘black tie’, you don’t want guests turning up in torn jeans. So best to offer some guidance on the invite.

·     DRESS: Do I really need someone to hold my dress in the bathroom?

This depends on the dress. If you’re wearing a full-length ball gown, you’ll probably need an extra set of hands to help hold up the skirt while you do your thing. Trust us—the cost versus the benefit on this is a no-brainer. But if you’re sporting a silk sheath and a group bathroom trip makes you cringe, go ahead and handle your own business.

·     DRESSING: Will the Celebrant at need a space to change?

Depending on the size & location of the event and the set-up required, a suitable change room may be required because you and I want me to look my best for your wedding.

If it is 32C+, or it is pouring rain, and I must drag my equipment up a hill, I might get a bit dishevelled and, so I don’t always wear my suit during setup and might even need a shower after the setup to look my best and so a change room might be necessary but is not always needed.

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·     DRINKS: Can I have a drink to steady my nerves?

It is vital that an authorised celebrant is satisfied that both parties genuinely consent to the marriage. If at any point a celebrant is unsure of the genuine consent of either party, he or she should not proceed with solemnising the marriage.

An authorised celebrant might have been satisfied that a party was mentally capable of understanding the nature and effect of the marriage ceremony before the ceremony was due to be conducted, but might form a different view because of the party’s conduct during the marriage ceremony itself. In such a case the authorised celebrant should not proceed to solemnise the marriage until satisfied that the party is mentally capable of understanding the nature and effect of the marriage ceremony.

Other consent issues that arise on the day of the marriage ceremony can include, for example, duress or a party to the marriage who is drunk, intoxicated, under the influence of drugs, or otherwise appears to be in an altered mental state to an extent that this could impair their ability to consent to the marriage.

·     DRINKS: Should we have an open bar?

That depends on your lifestyle and budget but just be sure everyone is sober for the Ceremony, especially the bridal party.

It is vital that an authorised celebrant is satisfied that both parties genuinely consent to the marriage. If at any point a celebrant is unsure of the genuine consent of either party, he or she should not proceed with solemnising the marriage.

An authorised celebrant might have been satisfied that a party was mentally capable of understanding the nature and effect of the marriage ceremony before the ceremony was due to be conducted, but might form a different view as a result of the party’s conduct during the marriage ceremony itself. In such a case the authorised celebrant should not proceed to solemnise the marriage until satisfied that the party is mentally capable of understanding the nature and effect of the marriage ceremony.

Other consent issues that arise on the day of the marriage ceremony can include, for example, duress or a party to the marriage who is drunk, intoxicated, under the influence of drugs, or otherwise appears to be in an altered mental state to an extent that this could impair their ability to consent to the marriage.

ENGAGEMENT PARTY: Should I wear white to my own engagement party?

It is tradition for the Bride to Be to wear white to her own engagement party but wear what you feel most comfortable wearing. It is a very happy occasion and what you wear should reflect your joy.

ENGAGEMENT PARTY: What exactly happens at an engagement party, what the purpose of it is and who pays for it?

It is a celebration and formal announcement of your intentions and so there are speeches (as many or as few as you like) and like all celebrations, you can have a cake.

It can be as simple as a small gathering or a huge formal affair.

Traditionally the bride’s parents would host the party, the Groom’s parents are the next option,  but commonly this has changed to both couples’ parents contributing, or even the couple themselves, so anyone can host it.

On rare occasions, it is the bridal party (Maid of Honour) who hosts the show, but as they or she, will be in charge of others gatherings later, it is probably for others to manage the Engagement party.

It would usually be held within 3 months of the actual proposal and some months (at least 6) before the wedding, so the Engagement party should be closer to the proposal than the wedding.

It is entirely a matter of choice and practicality as to whether you have one but an engagement party announces your love to the world and your intention to marry.

You can even have your Celebrant attend for a commitment ceremony and ring blessing.

·     ENGAGEMENT PARTY: When should we hold our engagement party?

The Engagement party should be closer to the proposal than the wedding.

An Engagement Party would usually be held within 3 months of the actual proposal and some months (at least 6) before the wedding.

It is entirely a matter of choice and practicality as to whether you have one but an engagement party announces your love to the world and your intention to marry and You can even have your Celebrant attend for a commitment ceremony, ring blessing or similar.

·     ENGAGEMENT RING: How can I buy the perfect engagement ring?

The three major considerations should be:

  1. Your partner’s expectations
  2. Your Budget or ability to meet those expectations
  3. Your partners taste in style and jewellery

The goal is to find a balance between the three.

An interesting side consideration is that statistically, those who pay $thousands or even $millions have shorter marriages, so the higher the ring price, the shorter the marriage whereas marriages where under $5000 was spent on the ring, tend to be long lasting.

According to Credit Donkey, there are 10 steps to buying the perfect engagement ring:

  1. Set a Budget
  2. Create a Savings Plan
  3. Avoid Common Mistakes
  4. Select a Diamond
  5. Select a Setting
  6. Select a Jeweller
  7. Research Online
  8. Determine the Ring Size
  9. Determine the Style
  10. Buy the Ring

·     ENGAGEMENT RING: How much should I spend on an engagement ring?

That is a very personal decision and I’ll explain why.

The ‘Rule of Thumb’ created by a marketing campaign in the 1940s was that two months salary should be spent on the engagement ring and it certainly worked to boost the profits of jewellers but as the ring is more about emotional than income, other consideration should come to play.

The three major considerations should be:

  1. Your partner’s expectations
  2. Your Budget or ability to meet those expectations
  3. Your partners taste in style and jewellery

The goal is to find a balance between the three.

An interesting side consideration is that statistically, those who pay $thousands or even $millions have shorter marriages, so the higher the ring price, the shorter the marriage whereas marriages where under $5000 was spent on the ring, tend to be long lasting.

My summation on that is that where appearances are placed above the relationship, the relationship will get into trouble but if the love and devotion are stronger, the love will be lasting.

According to Credit Donkey, there are 10 steps to buying the perfect engagement ring:

  1. Set a Budget
  2. Create a Savings Plan
  3. Avoid Common Mistakes
  4. Select a Diamond
  5. Select a Setting
  6. Select a Jeweller
  7. Research Online
  8. Determine the Ring Size
  9. Determine the Style
  10. Buy the Ring

So the best outcome is to buy a ring that you can afford but which is  to your tastes.

·     ENGAGEMENT RING: What are the 4Cs when it comes to diamonds  on an engagement ring?

Diamonds are graded by the 4 Cs which are:

  1. Carat:    or weight, determines the size of the diamond.
  2. Clarity: The fewer flaws, the greater the value. If you cannot see flaws with the naked eye, it’s called an eye-clean diamond.
  3. Colour: A clear diamond is the rarest and has the highest grade of D. A yellow diamond will have the lowest grade of Z.
  4. Cut:        The cut creates the sparkle and so impacts on the beauty of the diamond.

Another consideration is Shape: Not to be confused with ‘cut’ the shape identifies the overall appearance of the diamond, e.g. round, oval, teardrop etc. Round stones are the most common.

·     ENGAGEMENT RING: Where did the tradition of diamond engagement rings and gold wedding bands come from?

The tradition of exchanging wedding rings goes back as far as 4,800 years to ancient Egypt but the rings were made of braided papyrus and reeds.

The Romans were the first to exchange jewellery but they exchanged iron rings as a sign of devotion and a claim of ownership as It also transferred the ownership of the daughter from the father to the new husband.. They did however have gold rings worn for special occasions

The engagement ring was a sign of a marriage contract between two people but the first diamond engagement ring ever used was not until 1477, when Archduke Maximilian of Austria asked Mary of Burgundy to marry him. The diamonds were in the shape of an “M” and were very thin and delicate. Back then, diamonds were expensive even for European aristocrats.

It was not however until around 1938 and through the 1940s, that the diamond cartel, de Beers, which controlled the diamond market, launched a very successful advertising campaign equating diamonds to love. The ‘Diamonds are forever’ slogan suggesting everlasting commitment and love, still remains. The theme of their advertising was:

  1. Diamonds were the only way to show your love to a woman.
  2. A woman measured a man’s love based on the diamond size.
  3. Anyone who was anyone in life must have a diamond on their finger, just like the celebrities.

This campaign is attributed to giving birth to the modern diamond engagement ring phenomenon.

(ref: https://www.creditdonkey.com/history-engagement-ring.html)

·     ENGAGEMENT RING: Where do I put my engagement ring during the ceremony?

Wear the ring on your right hand or have someone hold it for you. If you want to wear your engagement ring for the reception, you can put it on after the ceremony. For Jewish weddings, it’s fine to wear your engagement ring and then exchange stone-free wedding bands if you want to keep with tradition. Also remember: The band is usually worn closest to your heart on your left hand.

·     ENGAGEMENT RING: Why is an engagement ring so important?

A diamond engagement ring is a symbol of your love. It shows that you are committed to the relationship. The ring is a special gift just for her and the expense shows that you’re invested in your future together.

(ref: https://www.creditdonkey.com/history-engagement-ring.html)

·     FAVOURS: Do we have to do Wedding Favours?

That’s not really a question for your celebrant but the answer is probably No, as it is entirely your choice. Many like to offer gifts to their guests to thanks them for their support, to give something to remember the occasions, or just to add to the fun.

·     FLOWERS: Why can’t specific flowers colours be guaranteed?

Flowers are a product of nature, and so are subject to variation that might be influenced by seasons, the element when growing and condition after being cut.

FOREIGN RECOGNITION OF AUSTRALIAN MARRIAGE: If I get married in Australia will my marriage be recognised in other countries?

Generally, Marriage in Australia is recognised by all 113 countries that are signatories to the Apostille Convention but an Apostille Seal from the Department of Foreign Affairs and Trade (DFAT), may be required.

The countries (states) are listed here

There may however be a complication in respect to recognition of your Marriages if you are of the same sex as marriage equality is currently (2018) only legal in 26 countries and so you should check with your country of residence as to legal status & recognition.

As of January 2018, the Australian Department of Foreign Affairs and Trade (DFAT) fee for an Apostille and Authentication $81 but for up-to-date information on DFAT fees for an Apostille Seal, see the external link to DFAT: How much does it cost?

For more information, see:

·     GARTER: Why do Grooms toss the Bride’s garter?

In past ages, a marriage had to consummated to be valid and proof of that consummation was guest checking the undergarments of the bride. This evolved to the groom throwing an undergarment to the crowd for checking rather than the crowd grabbing at the Bride and for modesty, this evolved to the throwing of the garter. Like the maids (unmarried women) upon whom good luck was bestowed by catching the bouquet, the unmarried man who catches the garter, also has is thought to be the lucky next Groom.

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GENDER: Does a celebrant need to have the couple provide proof of their gender?

Marriage celebrants can choose to accept a party’s statement on what their sex and gender is without requiring evidence.

As set out in the section 42 of the Act and in the notes section of the Notice of Intended Marriage (NOIM), evidence is only required for:

  • date and place of birth,
  • identity of the parties; and
  • if one or both parties were previously married, evidence of their divorce or death of previous partner.

GENDER: Given the changes to the Marriage Act where sex and gender no longer play a role in the law, can we remove ‘sex’ from the NOIM?

Item 4 of the NOIM asks a person to identify their sex as female, male or X (the latter includes unspecified gender, intersex or indeterminate).

The information provided in Item 4 enables the Australian Bureau of Statistics (ABS) to prepare and publish national marriage statistics.

When completing forms and saying vows, parties may choose to use the term that best describes their gender. Any person may choose the gender-neutral descriptors ‘partner’ or ‘spouse’.

Marriage celebrants should accept a party’s statement about their sex and gender.

The Australian Government recognises that a person’s sex and gender may not be the same. Individuals may identify and be recognised as a gender other than the sex they were assigned at birth or during infancy, or as a gender which is not exclusively male or female.

The AG’s department is undertaking a broad review in 2018, of the official marriage forms. As part of the review, they are consulting with the ABS about whether there is an ongoing need to collect statistical information about the sex of the parties to a marriage.

GENDER: Is it a criminal offence to not record gender correctly on the NOIM?

Item 1 of the Notice of Intended Marriage requires a party to indicate how they want to be described.

This question has been included to allow state and territory registries of births, deaths and marriages to register marriages and issue certificates that reflect how couples want to describe themselves.

There are three options for a party’s description:

  1. ‘groom’,
  2. ‘bride’ or
  3. ‘partner’.

It is up to each party to decide which option they want to use to describe themselves in the marriage forms.

Item 4 asks a person to identify their sex as either Male, Female or X (X refers to indeterminate/intersex/unspecified).This question has been included for the Australian Bureau of Statistics to continue to prepare and publish national marriage statistics based on sex. A party’s recorded sex does not need to align with their gender identity.

Marriage celebrants can choose to accept a party’s statement on what their sex and gender is without requiring evidence.

When completing forms and saying vows, parties may choose to use the term that best describes their gender. Any person may choose the gender-neutral descriptors ‘partner’ or ‘spouse’.

Marriage celebrants should accept a party’s statement about their sex and gender.

The Australian Government recognises that a person’s sex and gender may not be the same. Individuals may identify and be recognised as a gender other than the sex they were assigned at birth or during infancy, or as a gender which is not exclusively male or female.

As set out in the section 42 of the Act and in the notes section of the Notice of Intended Marriage (NOIM), evidence is only required for:

  • date and place of birth,
  • identity of the parties; and
  • if one or both parties were previously married, evidence of their divorce or death of previous partner.

GENDER: The fact sheet (Changes to Marriage Ceremony Requirements) states that the descriptor groom can be used by a male party and bride by a female party but does not state the descriptor bride cannot be used by a male party or vice versa, so can a male be described as a Bride?.

Yes. It is up to each party to decide which option they want to use to describe themselves.

When completing forms and saying vows, parties may choose to use the term that best describes their gender. Any person may choose the gender-neutral descriptors ‘partner’ or ‘spouse’.

Marriage celebrants should accept a party’s statement about their sex and gender.

The Australian Government recognises that a person’s sex and gender may not be the same. Individuals may identify and be recognised as a gender other than the sex they were assigned at birth or during infancy, or as a gender which is not exclusively male or female.

GENDER: What choices do we have in regard to being identified as Bride or Groom?

Subsection 45(2) of the Marriage Act sets out the vows required to be said by each of the parties to a civil marriage ceremony (where the authorised celebrant is not a minister of religion).

As part of the legislative amendments that provided for marriage equality, the vows for use in a civil marriage ceremony were amended to expressly provide that parties to a marriage may elect to use the gender neutral term ‘spouse’ in their vows.

This term was added as an additional option; the terms

  • ‘husband’ or
  • ‘wife’, or ‘
  • words to that effect’,

also continue to be available for use by parties when stating their marriage vows.

Under subsection 45(2), marrying couples can make a personal choice about the terms to be used in their marriage vows that best reflect their relationship.

Accordingly, the term, ‘partner in marriage’ falls within the phrase ‘words to that effect’ and can be used in the vows instead of ‘husband’ or ‘wife’ or ‘spouse’.

It is up to each party to decide which option they want to use to describe themselves, including whether they wish to describe themselves as ‘partner/spouse’.

The Attorney-General’s Department is currently (May 2018) reviewing its Guidelines on the Marriage Act 1961 for marriage celebrants; guidance on the words to be used in the vows for a civil ceremony is provided in those guidelines. A revised copy will shortly be available for consultation on the department’s website. Guidance on ‘words to that effect’ will include reference to ‘partner in marriage.’

GENDER: What does the acronym LGBTQIA mean?

LGBTQIA = lesbian, gay, bisexual, transgender, queer or questioning, intersex and asexual.

People whose gender identity is opposite to the gender assigned at birth

Lesbian Female attracted to female
Gay Male or female attracted to same sex
Gender fluidity Genderfluid live between, above, behind, around gender
Gender diverse Gender diversity includes people who identify as transgender, genderfluid, intersex, gender questioning and genderqueer people.
Bisexual Attraction to both men & women
Transvestite  a person who wears clothes designed for the opposite sex i.e. a cross-dresser
Transgender Person whose gender identity is different to the gender assigned at birth
Transexual
Queer umbrella term for sexuality and gender diverse people
Intersex grouped under the term “hermaphrodites”, Intersex people have genital, chromosomal or other physical characteristics of both male & female
Asexual Generally, Asexuality is the absence of sexual attraction
Cisgender term used to describe people who identify with the gender they were assigned at birth, for example, a person born with male genitals who identifies as a man is cisgender.
Pansexual One who is attracted to multiple genders
Heterosexism sexual attraction between people of opposite sex or gender

GENDER: What happens when a driver’s licence and a passport have different sex categories recorded?

Marriage celebrants can choose to accept a party’s statement on what their sex and gender is without requiring evidence.

Accordingly, it is not appropriate to question what sex or gender is recorded in a party’s licence or passport.

In relation to the NOIM, a party’s recorded sex does not need to align with their gender identity.

As set out in the Australian Government Guidelines on the Recognition of Sex and Gender (Guidelines on the Recognition of Sex and Gender) individuals may identify as a gender other than the sex they were assigned at birth or may not identify as exclusively male or female.

The Guidelines on the Recognition of Sex and Gender also note that there are legitimate reasons people may hold conflicting documents, for example, people who identify primarily as ‘X’ may want to hold a passport in a particular gender to ensure their safety while travelling overseas.

GENDER: What if a person changes their gender identity on the day the marriage is to be solemnised?

It is up to each party to decide which option they want to use to describe themselves.

A celebrant may permit changes to the NOIM at any time before the marriage has been solemnised.

The alteration should be initialled by the party changing the information and by the celebrant.

The NOIM may not be changed after the marriage has been solemnised.

If there is a difference in recorded gender in the NOIM and the marriage certificate after a marriage has been solemnised, the celebrant may wish to send a covering note explaining the change to the BDM when registering the marriage.

GENDER: What if a person does not associate themselves with either male or female, as is now legally permitted – should they only be permitted to use the term partner/spouse?

It is up to each party to decide which option they want to use to describe themselves, including whether they wish to describe themselves as ‘partner/spouse’.

GENDER: Why can’t I use the term ‘partner in marriage’ in the vows?

Subsection 45(2) of the Marriage Act sets out the vows required to be said by each of the parties to a civil marriage ceremony (where the authorised celebrant is not a minister of religion).

As part of the legislative amendments that provided for marriage equality, the vows for use in a civil marriage ceremony were amended to expressly provide that parties to a marriage may elect to use the gender neutral term ‘spouse’ in their vows.

This term was added as an additional option; the terms

  • ‘husband’ or
  • ‘wife’, or ‘
  • words to that effect’,

also continue to be available for use by parties when stating their marriage vows.

Under subsection 45(2), marrying couples can make a personal choice about the terms to be used in their marriage vows that best reflect their relationship.

Accordingly, the term, ‘partner in marriage’ falls within the phrase ‘words to that effect’ and can be used in the vows instead of ‘husband’ or ‘wife’ or ‘spouse’.

The Attorney-General’s Department is currently (May 2018) reviewing its Guidelines on the Marriage Act 1961 for marriage celebrants; guidance on the words to be used in the vows for a civil ceremony is provided in those guidelines. A revised copy will shortly be available for consultation on the department’s website. Guidance on ‘words to that effect’ will include reference to ‘partner in marriage.’

GENDER: Why do we have Item 1 (Description of Party) of the NOIM?

Item 1 of the NOIM includes three identifying options available to each party to a marriage:

  1. ‘groom’,
  2. ‘bride’ or
  3. ‘partner’.

It is up to each party to decide which option they want to use to describe themselves.

The information provided in Item 1 of the NOIM is used by state and territory registries of births, deaths and marriages to register marriages and issue official marriage certificates.

The Registrar is currently (2018) considering whether it is necessary to retain this item in the NOIM as part of the current review into marriage forms.

GENDER:  Can I marry as male or female if I was born in the opposite sex as a female or male?

From 9 December 2017, marriage in Australia was redefined as:

‘the union of 2 people to the exclusion of all others, voluntarily entered into for life’.

The right to marry under Australian law is not determined by sex or gender.

It is legal for same-sex couples to marry in Australia.

Marriage celebrants can choose to accept a party’s statement on what their sex and gender is without requiring evidence.

The usual requirements around giving a Notice of Intended Marriage continue to apply; the NOIM must be given at least one month prior to the wedding ceremony, unless a shortening of time has been obtained from a prescribed authority.

According to the Government Guidelines on the Recognition of Sex and Gender, the Australian Government recognises that individuals may identify and be recognised within the community as a gender other than the sex they were assigned at birth or during infancy, or as a gender which is not exclusively male or female.

You will find more information at this link:

https://www.ag.gov.au/Publications/Documents/AustralianGovernmentGuidelinesontheRecognitionofSexandGender/AustralianGovernmentGuidelinesontheRecognitionofSexandGender.pdf

 

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·     GIFTS: Do I have to buy thank-you, gifts?

It is correct etiquette and actually just polite, to thank a few special people with some gifts to remember the occasion and of course, just to say, ‘thank you’ for their help and support.

The people on that list might include your parents, grandparents, bridal party, flower girls, ring bearers, your own children, and anyone else that helped with the wedding.

GIVING AWAY THE BRIDE: Can  my Mum be my escort?

Of course.

It is a lovely and supportive gesture for the Bride to be accompanied by a loved one such as a Parent, Grandparent or other person of significance to the Bride, but it is not compulsory and it does not have to be a male.

I have many couples who simply enter together or escort each other to position.

As for the walk down the aisle, I prefer the term of ‘Escorting’ or ‘Presenting’ the Bride.

The tradition of ‘Giving Away’ the Bride dates to times when women were regarded as possessions and so the father who was the Carer/Possessor, handed over the Care/Possession, to the Groom.

When the Bride is escorted, (or even if not) I like to add a few ‘I Do’ questions to the parents and loved ones, or even to all of the guests. These may be akin to:

“Do you promises to support this couple whenever they ask for help, but to give them privacy when they don’t?

·     GIVING AWAY THE BRIDE: Do I have to have someone give me away?

It is a lovely and supportive gesture for the Bride to be accompanied by a loved one such as a Parent, Grandparent or other person of significance to the Bride, but it is not compulsory at all. I have many couples who simply enter together or escort each other to position.

As for the walk down the aisle, I prefer the term of ‘Escorting’ or ‘Presenting’ the Bride.

The tradition of ‘Giving Away’ the Bride dates to times when women were regarded as possessions and so the father who was the Carer/Possessor, handed over the Care/Possession, to the Groom.

When the Bride is escorted, (or even if not) I like to add a few ‘I Do’ questions to the parents and loved ones, or even all of the guests. These may be akin to:

 “Do you promises to support this couple whenever they ask for help, but to give them privacy when they don’t?

·     GUESTS: How can I predict how many guests will rsvp ‘yes’?

The commonly accepted rule of thumb is that 75% will RSVP but that is not a hard and fast rule. Everyone might come, so make certain your budget and expectations match.

·     GUESTS: how do I create a guest list?

Make a list of everyone you want to share the occasion with and who would really want to be with you. These are the you value now and will value later; and who value you.

You don’t however need to invite everyone that you have ever met.

Once you have the list, check your budget and see how many you can afford to have as guests.

Read the list several times and reduce as needed until you have the ideal number.

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·     GUESTS: How many guests can I have?

That is entirely up to you and your venue but let me know so that I can adjust the ceremony accordingly. If you have only the 2 witnesses in attendance, the ceremony may be under 20 minutes but if you have 200 guests or more, you will want the ceremony to last longer than the time it took to seat everyone.

·     GUESTS: What’s the best way to greet guests if I don’t want a receiving line?

Make a short speech thanking guests for coming, parents (or anyone else who helped pay for your wedding or given support in other ways), and of course all the vendors (you may be paying them, but they are doing all they can to make you day special).

You can also greet your guests during the reception by going from table to table during the first course but always remember to eat as well because you will need the energy.

·     HANDICAPPED: Should I ensure handicap accessibility for my venue?

If you or your guests have mobility restriction or a handicap, then of course yes.

IDENTITY: I was married and divorced and so my birth certificate and driver’s licence have different names. What do I need to prove my identity?

There is a Case Study in the Guidelines on the Marriage Act 1961 for Marriage Celebrants – July 2014 that matches your situation.

It is Case Study One under section 4.12 Case Studies In The Correct Use Of Documents –

The scenario is that an authorised celebrant is approached by a prospective bride who uses the name Jane Brown.

An authorised celebrant is approached by a prospective bride who uses the name Jane Brown.

She was born Jane Smith and was previously married to Tim Brown.

She changed her name by usage to Jane Brown following that marriage.

She was divorced from Tim Brown and has the following documents:

  1. a birth certificate (issued by NSW BDM) which records her name as Jane Smith
  2. a BDM issued marriage certificate which also records her name as Jane Smith
  3. a Federal Magistrates Court issued Certificate of Divorce for her marriage to, and subsequent divorce from, Tim Brown which records her name as Jane Brown, and
  4. a driver’s licence which records her name as Jane Brown.

For the purposes of section 42 of the Marriage Act, an authorised celebrant needs to see all of these documents to establish Jane’s correct name for use on the marriage documents and to fulfill all the other responsibilities under section 42 as follows:

  1. A) Proof of date and place of birth (subsection 42(2)) – the authorised celebrant must use the BDM issued birth certificate.
  2. B) Proof of identity (subsection 42(8)) – the authorised celebrant needs to use the full chain of documents listed above.
  • The BDM issued birth certificate, the BDM issued marriage certificate and the Court issued divorce certificate taken together establish the clear link in the name change from Jane Smith to Jane Brown.
  • This chain of documents allows the authorised celebrant to record the name Jane Brown instead of Jane Smith (as recorded on the birth certificate) on the NOIM.
  • The driver’s licence, which has a photograph of Jane, establishes that Jane Brown is the same person as the person referred to in the documents.
  • Together all these documents establish her identity.
  1. C) Evidence of the end of the previous marriage (subsection 42(10)) – the Court issued divorce certificate establishes conclusively the end of the previous marriage and so fulfils the requirement under subsection 42(10).

Remember – the authorised celebrant must see all the original documents prior to the marriage ceremony.

In addition, as Jane changed her name only by marriage, she is free to revert to her maiden name and so, as she has proved her identity, she can use either her birth name or former married name on her new NOIM.

·     INSURANCE: Do you have liability and professional indemnity insurance?

As a paid member of the Australian Federation of Civil Celebrants, I hold both liability and professional indemnity insurance.

You can view currency certificates here:

INTERNATIONAL RECOGNITION OF MARRIAGE: If I get married in Australia will my marriage be recognised in other countries?

Generally, Marriage in Australia is recognised by all 113 countries that are signatories to the Apostille Convention but an Apostille Seal from the Department of Foreign Affairs and Trade (DFAT), may be required.

The countries (states) are listed here

There may however be a complication in respect to recognition of your Marriages if you are of the same sex as marriage equality is currently (2018) only legal in 26 countries and so you should check with your country of residence as to legal status & recognition.

As of January 2018, the Australian Department of Foreign Affairs and Trade (DFAT) fee for an Apostille and Authentication $81 but for up-to-date information on DFAT fees for an Apostille Seal, see the external link to DFAT: How much does it cost?

For more information, see:

·     INTERPRETERS: When should an interpreter be used?

Section 112 of the Marriage Act provides that where an authorised celebrant considers it desirable to do so, they may use the services of an interpreter in, or in connection with, a marriage ceremony. It is prudent for an authorised celebrant to use the services of an interpreter when any one person among the authorised celebrant, parties or witnesses do not understand the language in which the marriage ceremony will be conducted. This includes ceremonies conducted in a sign language, such as Auslan.

The interpreter must be a person other than a party to the marriage, and they must be able to meet the requirements set out in section 112 of the Marriage Act. It is the authorised celebrant’s responsibility to decide whether an interpreter is necessary.

Subsection 112(2) of the Marriage Act states that the authorised celebrant must not solemnise a marriage at which the services of an interpreter are to be used unless the authorised celebrant has received a statutory declaration by the interpreter stating that he or she understands, and is able to converse in, the language/s required.

Immediately after the ceremony the interpreter must give the authorised celebrant a certificate of the faithful performance of his or her services as interpreter. The certificate must be in the approved form.[1] The approved form for the certificate of faithful performance by the interpreter (formerly called the Form 24) is available on the department’s website.

The authorised celebrant must forward the statutory declaration and certificate of faithful performance by the interpreter to the appropriate registering authority with the registration copy of the marriage certificate.

·     INTERPRETERS: Where can I find a list of interpreters and/or translators?

You will find a list of service under Interpreters on the Helpful links page. which is another tab my webpage

·     INTOXICATED: What happens if a member of the bridal party is drunk or stoned?

The marriage cannot proceed.

It is vital that an authorised celebrant is satisfied that both parties genuinely consent to the marriage. If at any point a celebrant is unsure of the genuine consent of either party, he or she should not proceed with solemnising the marriage.

An authorised celebrant might have been satisfied that a party was mentally capable of understanding the nature and effect of the marriage ceremony before the ceremony was due to be conducted, but might form a different view as a result of the party’s conduct during the marriage ceremony itself. In such a case the authorised celebrant should not proceed to solemnise the marriage until satisfied that the party is mentally capable of understanding the nature and effect of the marriage ceremony.

Other consent issues that arise on the day of the marriage ceremony can include, for example, duress or a party to the marriage who is drunk, intoxicated, under the influence of drugs, or otherwise appears to be in an altered mental state to an extent that this could impair their ability to consent to the marriage.

The same applies to the witnesses. A witness cannot sign if in an altered mental state to an extent that this could impair their ability to comprehend the ceremony.

INVALID MARRIAGES: What are the grounds on which a marriage may be declared invalid?

Subsection 23B(1) of the Marriage Act sets out the grounds on which a marriage may be invalid.

When an authorised celebrant is approached by a couple to solemnise a marriage, the authorised celebrant must be satisfied that the marriage will not invalid by reason of any of the following grounds, each of which is explored in detail in the Guidelines on the Marriage Act 1961 for Marriage Celebrants – July 2014

They ground upon which a marriage may be invalid, are:

1/           either of the parties is, at the time of the marriage, lawfully married to some other person

o       A marriage is void where either of the parties is, at the time of the marriage, lawfully married to another person (paragraph 23B(1)(a) of the Marriage Act).

2/           the parties are within a prohibited relationship

o A marriage is void where the parties are within a prohibited relationship (paragraph 23B(1)(b) of the Marriage Act).

o Prohibited relationships are marriages:

  • between a person and an ancestor or descendant
  • an ancestor is someone from whom a person is descended (parent or grandparent)
  • a descendant is someone descended from the person (child/grandchild), or
  • between a person and their brother or sister (whether whole or half-blood).

3/           by reason of section 48 of the Marriage Act the marriage is not valid

O      Under section 48 of the Marriage Act a marriage solemnised otherwise than in accordance with sections 40-47 is not a valid marriage. A marriage may be invalid where:

o       the vows do not comply with section 45 of the Marriage Act, or

o       there is doubt that the marriage ceremony took place.

4/           the consent of either of the parties is not a real consent because it was obtained by duress or fraud, a party was mistaken as to the identity of the other party or as to the nature of the ceremony performed or that party is mentally incapable of understanding the nature and effect of the marriage ceremony,

o       Under section 23B of the Marriage Act a person’s consent to a marriage is not real if:

  • the consent is obtained by duress or fraud
  • one of the parties is mistaken as to:
    • the identity of the other party, or
    • the nature of the ceremony performed, or
  • a party is mentally incapable of understanding the nature and effect of the marriage ceremony.
  • A determination of whether any of these grounds have rendered a marriage void is a matter for the Family Court.

5/            Either of the parties is not of marriageable age.

o       The marriageable age in Australia is 18 years for both males and females. (Section 11 of the Marriage Act) A person under the age of 16 cannot marry under any circumstances. Two people under the age of 18 cannot marry under any circumstances.

O      It is an offence for a person to solemnise, or purport to solemnise, a marriage if the person has reason to believe that one or both of the parties are not of marriageable age. The authorised celebrant must therefore carefully check the age of both parties from their birth certificates or extracts. It is also an offence for a person to go through a form of ceremony of marriage with a person who is not of marriageable age. (Section 95 of the Marriage Act)

O      For further information on offences, please refer to Part 11 of the Guidelines.

o       Where one of the parties to a marriage is not of marriageable age, the marriage is void unless the required orders and consents have been obtained

·     INVITATIONS: When should I send out my invitations?

Mailing the invitations about 2 ½ months before the wedding date and setting the RSVP deadline for 5 or 6 weeks before the big event is sensible.

Typically, your venue and caterers will want a head count one month before the event and so requesting RSVPs 5 – 6 weeks in advance gives you one or two weeks to finalise the guest list.

Justice of the Peace: Where can I find a Justice of the Peace?

Apart from being a Commonwealth Authorised (Registered) Celebrant, I am also a Justice of the Peace in NSW.

Details about other Justices of the Peace are available on the following state and territory government websites:

KETUBAH: What is a Ketubah?

This answer is based on an article entitled: The Marriage Contract (Ketubah), written by Maurice Lamm. See: https://www.chabad.org/library/article_cdo/aid/465168/jewish/The-Marriage-Contract-Ketubah.htm

According to Maurice Lamm, the ketubah is a unilateral agreement drawn by witnesses in accordance with Jewish civil law, in which they testify that the husband guarantees to his wife that he will meet certain minimum human and financial conditions of marriage, “as Jewish husbands are wont to do.”

It is not a ceremonial document of scripture or prayer. Thus is written in Aramaic, the technical legal language of Talmudic law, rather than in Hebrew, the language of the “Song of Songs.”

It is not an affirmation of perpetual love but a statement of law that provides the framework of love.

The ketubah restates the fundamental conditions that are imposed by the Torah upon the husband, such as providing his wife with food, clothing, and conjugal rights, which are inseparable from marriage. It includes the husband’s guarantees to pay a certain sum in the event of divorce, and inheritance rights obligatory upon his heirs in case he dies before his wife.

It is not a mutual agreement; the wife agrees only to accept the husband’s proposal of marriage. It is assuredly not a bill of sale; the man does not purchase the bride. In fact, the ketubah represents the witnesses rather than husband or wife. Through this instrument they attest to the groom’s actions, promises, and statements, and to the bride’s willing acceptance of the marriage proposal.

·     KISS: Is there an appropriate way to kiss at the ceremony?

You kiss whenever and however you want to, but just remember that all your guests including perhaps grandma, are watching and you of course don’t want to get arrested either, so be loving but not too sensual.

·     KISS: When do we kiss in the ceremony?

You kiss whenever you want to.

Traditionally the Kiss occurs just after the vows, since you will technically be married at that point.

However there is still the ‘signing’ (sign Certificates)  and few other bits and pieces to be enjoyed and so I usually suggest that to avoid confusion,  and to enable a smooth flow of ceremony, when there ceremony, the kiss has more meaning at the very end when I introduce you as a married couple for the first time.

But again, it is your ceremony, so kiss whenever you like, though it is wise to remember that all your guests are watching 🙂

LAW & REGULATIONS: What law or regulations covers the solemnisation of marriages in Australia

The Law regarding the solemnisation of marriages is  The Marriage Act 1961, as amended and the regulations foring a part of that Act are the Marriage Regulations 2017 (from 1/4/2018).

The Marriage Act 1961 is the law.

The Regulations prescribe the practice, procedures and penalties.

More information relating to questions on legal aspects of marriage can be found at these links:

Copies of legislation and eegulations can be viewed online or downloaded from ComLaw.

MAIDEN NAME & Death/Divorce: I have been married before and want to marry using my maiden name without mention of my previous married name. Can I just use my maiden name?

Yes, provided you can prove that is your name.

Most people use the name that is recorded on their birth certificate so in most cases when completing the NOIM parties will write their name as it appears on your birth certificate.

Generally, the name on a person’s birth certificate should be recorded on the NOIM but the individual circumstance may need to examined.

Subsection 42(8) of the Marriage Act 1961 (Cth) requires authorised celebrants to establish the identities of the parties to a marriage. Accuracy in recording names helps ensure that everyone is satisfied as to the identity of persons intending to marry, and that they can prove that they are who they claim to be.

  • NB: Where there has been a previous marriage, the authorised celebrant will of course need to see evidence of the divorce from, or death of, the previous spouse.

When you marry in Australia, you can choose to use your married name but can continue to use your maiden name, and so it remains your name.

In regard to name use, a person in the questioned situation has choices:

  • If you continued using your birth name during the prior marriage you should record this name on the NOIM.
  • If you reverted to the name on your birth certificate after divorce or death of your spouse you may record that name on the NOIM.
  • If you changed your name as a result of the first marriage and have kept using that name then you may use this name on the NOIM.

If the birth certificate is to be used as evidence of name, the Authorised celebrants should ensure that the party writes their names exactly as it appear on the birth certificate. The spelling must be identical and all given names which appear on the birth certificate must be included on the NOIM.

Variation occurs in the following:

  • If you have changed your name from the name on your birth certificate by way of a BDM issued Change of Name Certificate, or Deed Poll (prior to BDMs starting to issue Change of Name Certificates from the late 1990s), you should write this name exactly as it appears on the change of name certificate or Deed Poll documentation on the NOIM.
  • If a person has changed your name by marriage and retained a previous spouse’s surname you may record that surname on the NOIM. The surname recorded should be exactly as it appears on the BDM-issued official marriage certificate, or Court-issued divorce certificate, for the party’s previous marriage. See the case study on the correct use of documents, and Part 4.3.8 of the Guidelines on The Marriage Act (Frequently Asked Questions – Names on Notices of Intended Marriage and on Marriage Certificates) for further assistance in such situations.
  • A person may record the name on your Australian Citizenship Certificate on the NOIM if the person also has photo identification in that name, such as a driver’s licence, proof of age card; an Australian or overseas passport.

Remember that Photo ID is also required but if that is in your previous married name, you just have to show the paper trail showing the change marriage and divorce.

·     MONITUM: Do you have to say the sentence containing the legal definition of marriage?

Certain authorised celebrants are required to explain nature of marriage relationship

(1) Subject to subsection (2), before a marriage is solemnised by or in the presence of an authorised celebrant, not being a minister of religion of a recognised denomination, the authorised celebrant shall say to the parties, in the presence of the witnesses, the words:

“I am duly authorised by law to solemnise marriages according to law.”

“Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter.”

“Marriage, according to law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into for life.”;

or words to that effect.

Subsection 46(1) of the Marriage Act sets out certain words—sometimes referred to as the ‘monitum’—that must be used by Commonwealth-registered marriage celebrants and State and Territory Officers in solemnising a marriage. Subsection 46(1) provides:

All Commonwealth-registered marriage celebrants solemnising civil or religious marriages are required to say these words. This includes Commonwealth-registered marriage celebrants who were authorised before 1997, as any exemption from saying the words in subsection 46(1) no longer applies. State and Territory Officers are also required to say these words.

Only authorised celebrants who are ministers of religion for a recognised denomination are not required to say these words. Such ministers are not Commonwealth-registered marriage celebrants.

MONITUM: What is the Monitum and why is it said?

The word ‘Monitum’ means caution or forewarning.

From 9th December 2017, the monitum the new/current Monitum, or warning about the importance of what is about to occur, by way of the definition of marriage, is to be said by the Celebrant:

I am duly authorised by law to solemnise marriages according to law.

Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter.

Marriage, according to law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into for life.

The history is that in Australia, before 2004, the Marriage Act 1961, required celebrants explain the legal nature of marriage to a couple as “the union of a man and a woman to the exclusion of all others, voluntarily entered into for life”,

On 27th May 2004, the then federal attorney-general Philip Ruddock introduced the Marriage Amendment Bill 2004 to incorporate a definition of marriage into the Marriage Act 1961, being:

 “marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life”

This definition is known as the Monitum.

That definition however changed with the Marriage Amendment (Definition and Religious Freedoms) Act 2017, which amended the Marriage Act 1961 to provide for marriage equality.

The right to marry in Australia is now not determined by sex or gender.

The vows and monitum changed to reflect the new definition of marriage as:

‘the union of 2 people to the exclusion of all others, voluntarily entered into for life’.

Under current law, all authorised celebrants (other than ministers of religion belonging to a recognised denomination) are required to include a statement (the ‘monitum’) explaining the nature of the marriage relationship in all marriage ceremonies they perform (section 46 of the Marriage Act).

There is of course quite a difference between a minister of religion who is part of a religious institution and a religious marriage celebrant who is an authorised celebrant but who has elected, on religious grounds, to be registered as such.

Under section 47A of the Marriage Act, a religious marriage celebrant may refuse to solemnise a marriage if the celebrant’s religious beliefs do not allow the celebrant to solemnise the marriage but if a ceremony takes place, from 9 December 2017, all authorised marriage celebrants, including religious marriage celebrants, are nonetheless required to state the new legal definition of marriage as part of a marriage ceremony.

From 9 December 2017, the monitum changed to reflect the new/current definition of marriage:

I am duly authorised by law to solemnise marriages according to law.

Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter.

Marriage, according to law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into for life.

If an authorised Celebrant fails to solemnise a marriage in compliance with section 44, 45, 46 and 48 of the Marriage Act it may result in a void marriage (45 being the vows).

It is an offence under section 100 of the Marriage Act for a person to solemnise a marriage if they have reason to believe the marriage would be void.

So, put simply, if the current Monitum is not stated, the marriage may be void and the Celebrant open to prosecution.

 

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·     MONITUM: Why is using the wording in subsection 46(1) so important?

Commonwealth-registered marriage celebrants and State and Territory Officers have a legal obligation to say the words in subsection 46(1). It is the statement of their authority to solemnise the marriage. It also explains marriage under Australian law. The safest course for Commonwealth-registered marriage celebrants or State Officers in solemnising marriages is to always use the wording in the Marriage Act. Doing so will leave no room for doubt that the celebrant has complied with their obligations under the Marriage Act, and will ensure that parties are aware of the legal implications of marriage.

·     MUSIC: Are there any musical instruments available for use?

I don’t provide any, but you can make arrangements yourself.

You might find what you need on other tabs on my webpage:

·     MUSIC: How many songs should we choose?

You will find more detailed information and ideas on my Wedding Songs tab

Most songs or piece of music, last for about 3 minutes but may not be played in full.

They are mood & memory makers but if a task, such as the bridal entrance or signing is completed before the music finishes, not all of the song or songs may be played.

Pre-wedding mood 5 songs on a loop 15 minutes
Entrance 1 song for bridal party 3 minutes
Signing 2-4 6-12 minutes
Pronouncement 1 dramatic or exciting 3 minutes

·     MUSIC: Should I hire a band or a DJ?

A string quartet, single instrument, or vocalist, bagpipes or live bands can be fantastic, but it depends on your budget, style and tastes and how much dancing & singing there will be during or after the ceremony.

You could have live music for all or perhaps just the Ceremony and a DJ for the fun reception.

You will find more detailed information and ideas on my Wedding Songs tab

·     MUSIC: What songs should I choose?

You will find a list of over 400 songs and ideas on my Wedding Songs tab

MUSIC: Should we have live music or a DJ for our reception and do I need them for the Ceremony?

That is dependent entirely on your budget, style,  the ambient mood you want, your tastes (personal preferences) and any venue conditions e.g. if in a national park, amplified music may not be permitted.

So basically, it is your choice.

A string quartet, single instrument, or vocalist, bagpipes or live bands can be fantastic, but may be dependent on budget.

A good DJ can add a lot of fun and if you provide some guidance, will play the music of your choice, however the Celebrant, DJ and/or musicians can also offer you some valuable guidance as well.

Consider as well, how much music, dancing & singing there will be during or after the ceremony or at the reception.

You could have live-music such as a string quartet just for the Ceremony and a DJ or live band for the fun reception.

You will find more detailed information and ideas at these links:

#weddingmusic; #weddingsongs; #marriageceremony

·     NAME – Can I use my new name on the NOIM after a change by Deed Poll?

Yes, they may use this name.

Generally, a change of name by Deed Poll that was registered before the commencement of the Change of Name Certificate BDM process in the relevant State or Territory is still a valid change of name. If an authorised celebrant has any doubt as to the validity of a person’s Deed Poll documentation they should contact the relevant BDM for further guidance.

However, the authorised celebrant should advise this party they may encounter difficulties obtaining an Australian passport in their deed poll or married names.

·     NAME – CHANGE OF NAME – can we lodge a NOIM before obtaining a Change of Name Certificate?

What you are asking in effect is if a party would like to use a name other than the name on their birth certificate, can they lodge a NOIM before obtaining a Change of Name Certificate in order to meet the one-month minimum timeframe for giving notice?

The answer is Yes.

You can lodge the NOIM but must record the name on their birth certificate.

This can later be amended once the Change of Name certificate is obtained and prior to the completion of the marriage certificates.

Parties should ask the relevant BDM how long this process will take. It will vary but should be less than the one month’s minimum notice period for marriage.

The marriage celebrant may permit the change to be made in his or her presence by either of the parties at any time before the marriage has been solemnised. The alteration should be initialled by the party correcting the error and by the celebrant.

The corrected notice may then be treated as having been given in its corrected form.

If the change of name is not obtained prior to the date of the marriage the original birth certificate name should be used on the marriage certificates.

You will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful links page.

·     NAME CHANGE – What if I don’t want to obtain a Change of Name certificate?

This relates to a party who does not wish to obtain a Change of Name certificate before marriage but wishes to use the name they have changed by usage alone.

The authorised celebrant should advise this person to think carefully about whether they may ever need identity documents, including a passport, in the future. It may be possible to formally change their name after the marriage, but the process may be more complicated for them.

The celebrant will therefor advise the party to check with the relevant State or Territory BDM.

You will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful People tab, under Births, Deaths & Marriages.

·     NAME CHANGE IN NSW: How do I change my name in NSW after marriage?

If you were married in Australia, a formal Change of Name is not required if you wish to take your spouse’s name.

However usually personal documentation, such as your driver’s licence and passport, can be changed to your married surname when you provide a Standard Marriage Certificate (Registration of Marriage Certificate).

That Certificate is available from the BDM after the marriage is registered but may be ordered through me, as your Celebrant. Be aware that there is a fee for that additional Certificate.

You will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful People tab, under Births, Deaths & Marriages.

The links and information below, mostly relates to NSW.

Change of Name for an Adult [Fillable PDF 1.4Mb]

http://www.bdm.nsw.gov.au/Pages/change-of-name/change-of-name.aspx#marriage

You can apply by post, or in person for Change of Name, either Adult or Child; born in NSW or overseas. Please check the approval requirements for: Restricted persons

Change of Name

 ​Change of Name for an Adult [Fillable PDF 1.4Mb]

Change of Name for a Child [Fillable PDF 950kb]

Change of Name – Replacement certificate [Fillable PDF 420kb]

http://www.bdm.nsw.gov.au/Pages/change-of-name/change-of-name.aspx#marriage

You can apply by post, or in person for Change of Name, either Adult or Child; born in NSW or overseas. Please check the approval requirements for: Restricted persons

Change of Name application​

The Registry records official changes of name for adults and children (under 18 years) which includes amending any part of a name. If a person alters their name or​​ uses an additional or other name with the intention to act fraudulently or with an intention to deceive or in any other way that contravenes the law, they may be subject to criminal proceedings.

Restricted persons

    • Approval requirements

Persons who are under the supervision of the Commissioner of Corrective Services, the Mental Health Review Tribunal, or the NSW Police Commissioner, must obtain approval from that authority before making an application. Making an application without approval is an offence under the Births, Deaths and Marriages Registration Act 1995.

    • Persons restricted from changing their name in NSW

The Births, Deaths and Marriages Registration Act 1995 restricts certain classes of persons from changing their name without the permission of a supervising authority. It also restricts people from making a change of name on behalf of a restricted person. Restricted persons are:

an inmate
a person on remand
a parolee
a periodic detainee
a person who is subject to a supervision order
a forensic patient, or
a correctional patient.

Exemptions to these restrictions are:

  • Persons who have been convicted of an offence under a law of the Commonwealth.
  • Persons who are the subject of a warrant under the Commonwealth Defence Force Discipline Act 1982 and are in a correctional centre pursuant to a punishment imposed under that Act.
  • Persons who are detainees within the meaning of the Commonwealth Migration Act 1958 and who are held in a correctional centre.
  • Persons who are in the keeping of a correctional officer under section 250 of the Crimes (Administration of Sentences Act) 1999.
  • Persons who are a former serious offender because of the commission or alleged commission of an offence under a law of the Commonwealth.

If unsure of your status contact:

    • LawAccess NSW on 1300 888 529
      (Monday to Friday 9am – 5pm, excluding public holidays).
    • Prisoners can call Prisoners Legal Service or LawAccess NSW on the Common
      Auto Dial List (CADL) as a free call just press 11# (Legal Aid) and 2# (LawAccess).
  • Registration process

Effective 1 April 1996 the Registry assumed the administrative responsibility for registering all changes of name in NSW. All changes of name are registered in accordance with provisions contained in Part 5 of the Births, Deaths and Marriages Registration Act 1995.

The Land Titles Office no longer registers Changes of Name, however they hold the records from 1875 to 1996 of Deed Poll or Instruments Evidencing Change of Name.

A person is legally able to change his or her name. If a person alters their name or uses an additional or other name with the intention to act fraudulently or with an intention to deceive or in any other way which contravenes the law, they may be subject to criminal proceedings.

A person may use a new name without any formal steps. At common law, a person will not actually change his or her name until the person has used and become known by the new name. Under the Registry’s legislation the name is changed once it is registered.

Occasions arise where a person will be asked to provide proof of change of name (for example as proof of identity or to obtain a passport). For these reasons a person may record their new name or alteration of their name by registering a Change of Name at the Registry of Births, Deaths and Marriages.

Changing your name after marriage

If you were married in Australia a formal Change of Name is not required if you wish to take your spouse’s name. Usually personal documentation, such as your driver’s license and passport, can be changed to your married surname when you provide a Standard Marriage Certificate.

Who can apply

You are eligible to have your name changed in NSW if:

  • you are not a restricted person, and
  • your birth is registered in NSW, or
  • you were born overseas and have been resident in NSW for three consecutive years immediately prior to your application, or
  • your birth is not registered in NSW and a protection order has been made to protect you and/or your children from domestic violence.

Applications to register a change of name for a child (under 18 years) should be made by both parents. If both parents cannot make a joint application, please phone 13 77 88 to discuss your circumstances.

Change of Name interviews

To organise a Change of Name interview, phone 13 77 88 for an appointment. Alternatively, the Registry accepts applications by mail. For more information, please contact NSWBDM.

Fees

The NSW BDM fee of $185 includes the registration of the Change of Name and the issue of a Standard Certificate. You must return all of your original certificates with your application including any NSW Birth or NSW Change of Name Certificates and extracts.

  • A Child’s birth registration is amended to include the change of name. Parents’ names are not changed.
  • An Adult’s birth registration is amended to show details of previous names.

If the person is born overseas, only a Change of Name certificate can be issued.

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·     NAME CHANGE: Change Of Name by usage – Which name should be used?

A party to a marriage tells an authorised celebrant that they changed their name by usage and have a driver’s licence and a Medicare card in that new name.

In this case the person should use the name on their birth certificate.  If they do not wish to do this, they can apply to the BDM in the State or Territory where they live or were born for a Change of Name certificate to be issued to reflect the name changed by usage.

    • Does this mean a person cannot change their name by usage? 

No, it does not mean this.  A person can change their name by usage. However, a name gained by common usage may be difficult to substantiate and many government agencies require a Change of Name certificate issued by a BDM as evidence of a person’s name.

·     NAME CHANGE: How do I change my name after marriage?

If you were married in Australia a formal Change of Name is not required if you wish to take your spouse’s name. Usually personal documentation, such as your driver’s license and passport, can be changed to your married surname when you provide a Standard Marriage Certificate (ie Registration of Marriage Certificate).

Change of name requirements vary across state office of Births Death and Marriages (BDMs). For example, the ACT and Tasmanian  BDMs are unable to change the name on a registered marriage, or register a change of name, retrospectively (in the case of an error please refer to Part 6.10 of the Marriage Act Guidelines). A person registering a change of name after their marriage does not enable the ACT or Tasmanian BDMs to update their marriage register to the person’s new name, as the register reflects the person’s name at the time of the marriage. Similarly, in the ACT and Tasmania a change of name cannot be backdated to the date of the marriage. Similar provisions may apply in other States and Territories. This may have implications for a married person seeking identity documents following a marriage.

You will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful People tab, under Births, Deaths & Marriages.

·     NAME CHANGE: I don’t want to apply for a Change of Name certificate under any circumstances. Want goes on the NOIM and certificates?

If a person refuses to use the name stated on their birth certificate, and does not fall within one of the scenarios described above for when another name may be recorded in the NOIM, the celebrant should outline the possible difficulties they may face in the future when attempting to obtain an Australian passport, or possibly other identity documents, in the name they wish to use.

If the person insists this will never be an issue for them, they may list their preferred name on the NOIM. The authorised celebrant should make a written record of this advice, and give a copy of it to the person. It may be prudent for the celebrant to include a copy of the advice with the documents sent to the BDM to register the marriage, as well as keeping the advice as part of their personal records. Some BDMs will scan the letter of advice and retain it as part of the marriage register.

·     NAME CHANGE: What is the difference between a change of name by Deed Poll and a Change of Name certificate?

 In the past a person wishing to formally change their name would lodge an instrument with the State Registrar of Deeds or Titles. This was called changing your name by Deed Poll. That process has now largely been replaced throughout the States and Territories by Change of Name procedures under which a person applies to have a change of name registered with the State or Territory BDM.

Change of Name certificate procedures differ from Deed Poll procedures and both procedures vary between the States and Territories. Most States will only register a change of name for a person whose birth has been registered in that State or who has been resident there for a certain period of time.

Parties should be advised to check where and how to apply for the Change of Name certificate. In some States Deed Poll name changes have been transferred to the Register of Change of Names. People who have changed their name by Deed Poll should check with the BDM in the State or Territory where the change was executed whether they need to obtain a Change of Name certificate.

You will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful People tab, under Births, Deaths & Marriages.

·     NAME: Do I have to say my full name?

NOIM forms and marriage certificates must have one full name for each party to the marriage.

This will assist couples, will help alleviate errors that can potentially arise from the confusion of having more than one name for one person on the documents and will help streamline electronic processing of the documents.

Commonwealth-registered marriage celebrants (other than ministers of religion), and State and Territory Officers, should use the parties’ full names at some stage during the ceremony, preferably early in the ceremony, for the purpose of legal identification of the parties. The full name of the parties will be the names recorded in the NOIM.47

Where full names (as they appear in the NOIM) have been used earlier in the ceremony, it is not necessary for surnames to be used in the minimum vows. This is because the identity of the parties to the marriage has already been established. Couples may choose to use their first, or first and middle, names only.

Nicknames alone should not be used for the vows. However, shortened names or nicknames may be added to the names used in the vows. For example, ‘…I, Elizabeth Jane (Liz), take you, Peter John (Buddy)…’. Nicknames may be used elsewhere in the ceremony, on the condition that full legal names have been used earlier in the ceremony.

·     NAME: My witness has ‘junior’ (jnr) after his name, can we put that on the certificates?

When completing the marriage certificates, the witnesses to the marriage you should record their names in full, including any middle names.

Whilst I don’t usually require the witnesses to provide identification, if the witness can show me an identification document that has Jnr following their name,such as a passport, birth certificate or drivers licence, I can then and record the name exactly as stated on the document to ensure it is accurate on your paperwork.

·     NAME: What if a person tells an authorised celebrant there is an error in the name on their Certificate of Australian Citizenship?

The celebrant should advise the person to approach the Department of Immigration and Border Protection about having the error corrected. If this is not possible they will need to apply to the BDM in the State or Territory where they live for a Change of Name certificate to be issued to reflect the correct spelling of their name.

·     NAME: What names should be written (or printed) on the marriage certificates?

The names on the marriage certificates should be exactly the same as the names on the NOIM.

An authorised celebrant should always cross check the NOIM with the original documents from which those names were derived i.e. the birth certificates, marriage certificates or Change of Name certificates and not just rely on copying from the NOIM. If the celebrant copies from the NOIM they may repeat an error from the NOIM.

If the celebrant finds there is a mistake on the NOIM they should correct it. The authorised celebrant may permit the change to be made in his or her presence by either of the parties at any time before the marriage has been solemnised. The alteration should be initialled by the party correcting the error and by the celebrant. The corrected notice may then be treated as having been given in its corrected form.

·     NAMES: Do the names on all three marriage certificates need to be the same?

Yes. All three marriage certificates which the couple signs are evidence that the marriage took place.

The authorised celebrant must use the same name on all three marriage certificates, i.e. Form 15 certificate of marriage, the retained certificate and the official certificate of marriage (formerly the Form 16) (the certificate forwarded to BDM for registration of the marriage).

·     NAMES: Is there anything a party can do to overcome the problems of using a different name from that on their birth certificate?

Yes.

They can apply to the BDM in the State or Territory where they were born or where they live for a Change of Name certificate to be issued to them to reflect the spelling of their name that they commonly use, or to reflect the given names they actually use.

You will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful People tab, under Births, Deaths & Marriages.

Note: Change of Name certificate procedures vary between the States and Territories. Most States will only register a change of name for a person whose birth has been registered in that State or who has been resident there for a certain period of time.

They can then use the name on the Change of Name certificate on the NOIM, rather than the birth certificate name.

·     NAMES: What if a person does not want all their given names on the NOIM?

For example, they have four given names on the birth certificate and they have always only used two of those names

They should use all four names on the NOIM. Authorised celebrants should tell the person that their name as it appears on their birth certificate and their name as it appears on the NOIM should be the same. Authorised celebrants should also tell the person that any discrepancy between their name as it appears on their birth certificate and their name as it appears on the marriage documents may mean that they will encounter problems if they wish to obtain an Australian passport in their married name.

·     NAMES: What surname should they put on the NOIM if a party has been married before and they are divorced or their spouse has died.?

A person in this situation has a choice.

If they continued using their birth name during the prior marriage they should record this name on the NOIM.

If they reverted to the name on their birth certificate after divorce or death of their spouse they may record that name on the NOIM.

If they changed their name as a result of the first marriage and have kept using that name then they may use this name on the NOIM. The authorised celebrant will of course need to see evidence of the death of, or divorce from, the first spouse.

·     NAMES: Which name should they use on the NOIM?

A party to a marriage has lived for many years with a step-father and though not formally adopted has always used that step-father’s name.

In this case the party should use the name on their birth certificate. If they do not wish to do this, they can apply to the BDM in the State or Territory where they live or were born for a Change of Name certificate, to reflect the name as it has been changed by usage. They can then use this name on the NOIM.

You will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful People tab, under Births, Deaths & Marriages.

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·     NOIM: ANNULMENT: What goes on my NOIM and certificate if my previous Marriage has been annulled?

The term ‘never validly married’ may be used on item five of the NOIM where a court issued decree of nullity, or an annulment, exists in relation to a party’s previous marriage. A decree of nullity is an order from the court stating that there is no legal marriage between the parties, even though a marriage ceremony may have taken place. (see 4.5.3 ANNULMENT of the Marriage Act Guidelines)

An annulment granted by a church is not the same as a court issued annulment, and does not demonstrate that a person is free to marry.

NOIM – PARENTS NAMES: I don’t know the name of my father and so can I just leave that blank on the NOIM, and do I really have to submit a Statutory Declaration explaining that?

The Guidelines on the Marriage Act are clear. If you don’t know the name of a parent, you simply write ‘unknown’.

The requirements for completing a Statutory Declaration are explained further in Part 12.5 of the Guidelines, Published July 2014 but in this instance a Statutory Declaration is not necessary for the information required under items 9, 10, 11 or 12, or the date of a previous marriage ceremony under item 14.

OLD NOIM NEW NOIM
9 11 Father’s name in full (If not known, write “unknown”. If deceased, add “deceased”)
10 12 Mother’s maiden name in full (If not known, write “unknown”. If deceased, add “deceased”)
11 13 Father’s country of birth (If not known, write “unknown”)
12 14 Mother’s country of birth (If not known, write “unknown”)
14 16 Year of each previous marriage ceremony (If known, give date)

NOIM – STATUTORY DECLARATIONS: Under what will I have to submit a Statutory Declaration in support of my NOIM and marriage?

Where a party is unable to ascertain all of the particulars required in the NOIM after reasonable inquiry, they should write ‘unknown’ in the appropriate space/s and in order to make the NOIM effective, they should also provide the authorised celebrant with:

  • a Statutory Declaration as to his or her inability to ascertain the particulars not included in the NOIM, and
  • the reasons for that inability,

before the marriage is solemnised.

Celebrants should not solemnise a marriage until a satisfactory statutory declaration is received.

However, a Statutory Declaration is not necessary for the information required on the NOIM under items:

 OLD NOIM NEW NOIM
9 11 Father’s name in full (If not known, write “unknown”. If deceased, add “deceased”)
10 12 Mother’s maiden name in full (If not known, write “unknown”. If deceased, add “deceased”)
11 13 Father’s country of birth (If not known, write “unknown”)
12 14 Mother’s country of birth (If not known, write “unknown”)
14 16 Year of each previous marriage ceremony (If known, give date)

At the ceremony, if an interpreter is present, it is the interpreter must complete the Statutory Declaration on the back of the certificate of faithful performance by the interpreter.

NOIM: What documents do we need to show, to complete the Notice of Intended Marriage (NOIM)?

You need to show to the Celebrant, the originals of:

  1. evidence of date and place of birth
  2. evidence to establish the identities of the parties to the marriage
  3. if previously married, evidence of divorce or death of previous spouse

4.4 Evidence Of Date And Place Of Birth

Each party to a marriage must give their authorised celebrant evidence of their date and place of birth before a marriage is solemnised. (see Paragraph 42(1)(b) of the Marriage Act).

The following documents only are acceptable as evidence of a party’s date and place of birth:

  • an official (original) certificate of birth, or an official extract of an entry in an official register showing the date and place of birth of the party, (Subparagraph 42(1)(b)(i) of the Marriage Act) or
  • a statutory declaration from the party or the party’s parent stating: (Subparagraph 42(1)(b)(ii) of the Marriage Act).
    • it is impracticable (this does not mean not practical or convenient; it means impossible) to obtain an official birth certificate or extract, and the reasons why, and
    • to the best of the declarant’s knowledge and belief and as accurately as the declarant has been able to ascertain, when and where the party was born, or
  • a passport issued by the Australian government or a government of an overseas country showing the date and place of birth of the party. (see Subparagraphs 42(1)(b)(iii)&(iv) of the Marriage Act).

NOIM – PARENT DEATH: When we signed the NOIM, both of my parents were alive, but one of my parents has since died and our wedding has not yet occurred. Do we have to change/update the information on the NOIM ?

Firstly, given the circumstances, you may wish to include a memorial ritual or activity, into your Ceremony, to honour the deceased and to recognise the absence of a loved one.

The answer to the questions though is Yes.

The update to the form is required prior to the Ceremony.

As the NOIM is an approved form and item 11 and 12 on the form must be answered.

These are the questions relating to father and mothers (maiden) name in full and whether or not one or both parents are deceased.

If the status changes to hand prior to the wedding, the Celebrant, is able to add “deceased” next to parent’s name in either section 11 or 12, depending on the parent.

The alteration should be initialed by the party correcting the error and by the celebrant.

The corrected NOIM may then be treated as having been given in its corrected form.

The Code of Practice for Celebrants requires accuracy in the preparation of marriage paperwork and a failure to update the NOIM as appropriate may result in disciplinary action against the Celebrant, and cause delay in the registration of the marriage.

NOIM: Why do we have Item 1 (Description of party) of the NOIM?

Item 1 of the NOIM includes three identifying options available to each party to a marriage:

  1. ‘groom’,
  2. ‘bride’ or
  3. ‘partner’.

It is up to each party to decide which option they want to use to describe themselves.

The information provided in Item 1 of the NOIM is used by state and territory registries of births, deaths and marriages to register marriages and issue official marriage certificates.

The Registrar is currently (2018) considering whether it is necessary to retain this item in the NOIM as part of the current review into marriage forms.

4.6 Establishing The Identities Of The Parties To The Marriage

An authorised celebrant shall not solemnise a marriage unless satisfied that the parties are the parties referred to in the NOIM.(see Subsection 42(8) of the Marriage Act).

This requirement is separate from, and additional to, the requirement that each party to a marriage must give their authorised celebrant evidence of their date and place of birth before a marriage is solemnised.

An authorised celebrant should require each party to a marriage to provide at least one of the following documents with photo identification as evidence of their identity:

  • a driver’s licence
  • a proof of age/photo card
  • an Australian or overseas passport, or
  • a Certificate of Australian Citizenship along with another form of photographic evidence (such as a student card or other photo identification not listed above).

An expired passport is acceptable as evidence of date and place of birth. However, a cancelled passport is not acceptable.

This is because a cancelled passport is a passport that has been reported as lost or stolen and is permanently cancelled by border control authorities in Australia or abroad.

If an overseas passport does not show the place of birth of the party, then it cannot be used as evidence of the party’s place of birth and celebrants should request the party to produce either a birth certificate or statutory declaration as appropriate.

How your previous marriage was terminated

Item 17 of the NOIM requires the parties to state how their last marriage was terminated, if they have previously been married. The options that may be listed in item 17 of the NOIM are:

  • death
  • divorce, or
  • Nullity

If a party has indicated on the NOIM that they were previously married (item five), and this marriage was terminated through death, divorce or nullity (item 17), they must produce evidence of the termination of their previous marriage to the authorised celebrant. This evidence must be produced to the authorised celebrant prior to the marriage being solemnised.

·     NOIM: What is a NOIM?

A NOIM is the acronym for a Notice Of Intended Marriage.

Section 42 of the Marriage Act 1961 (Cth) requires the parties to an intended marriage to give the authorised celebrant at least one month’s written notice prior to the solemnisation of the marriage.

This notice is known as the Notice of Intended Marriage (NOIM).

The form of the NOIM has been approved by the Attorney-General and must contain the parties’ particulars as required in the approved form.

The NOIM must be given to the authorised celebrant no earlier than 18 months and no later than one month before the date of the marriage.  A notice expires after 18 months, and a marriage may not be solemnised if the NOIM was received more than 18 months before the date of the proposed marriage.

Where the NOIM is lodged with less than the required notice time a ‘Shortening Of Time’ may be applied for but strict conditions apply.

·     NOIM: What names should parties write on the (NOIM) Notice Of Intended Marriage?

Most people use the name that is recorded on their birth certificate so in most cases when completing the NOIM parties will write their name as it appears on their birth certificate. Authorised celebrants should ensure that the parties write their names exactly as they appear on their birth certificates. The spelling must be identical and all given names which appear on the birth certificate must be included on the NOIM.

If a person has changed their name from the name on their birth certificate by way of a BDM issued Change of Name Certificate, or Deed Poll (prior to BDMs starting to issue Change of Name Certificates from the late 1990s), they should write this name exactly as it appears on the change of name certificate or Deed Poll documentation on the NOIM.

If a person has changed their name by marriage and retained a previous spouse’s surname they may record that surname on the NOIM. Authorised celebrants should ensure the party has written their surname exactly as it appears on the previous marriage certificate or Court‑issued Divorce Certificate.

A person may record the name on their Australian Citizenship Certificate on the NOIM if the person also has photo identification in that name, such as a driver’s licence, proof of age card; an Australian or overseas passport.

NOIM: Who may witness a NOIM signed in Australia?

A NOIM signed in Australia must be signed in the presence of one of the following (See Subsection 42(2) of the Marriage Act ):

  • an authorised celebrant
  • a Commissioner for Declarations under the Statutory Declarations Act 1959
  • a justice of the peace
  • a barrister or solicitor
  • a legally qualified medical practitioner, or
  • a member of the Australian Federal Police or the police force of a State or Territory.

Where one signature on the NOIM is provided less than one month before the marriage, then subsection 42(3) of the Marriage Act requires an authorised celebrant to witness this signature.

Authorised celebrants should note the following points in relation to signatures being witnessed in Australia:

  • A person who proposes to witness the signature of a party to a NOIM in Australia must belong to one of the categories listed above.
  • The list is not the same as the list of persons before whom a Commonwealth statutory declaration may be made.
  • A Commissioner for Declarations is NOT the same as a person before whom a Commonwealth Statutory Declaration may be made – they are specifically appointed people who will have written evidence of their appointment.
  • Commissioners for Declarations are appointed under State and Territory laws. Only some States and Territories appoint Commissioners for Declarations. If the parties to the marriage wish to use a Commissioner for Declarations, the parties should check whether Commissioners exist in the jurisdiction in which they reside. The best way to do this is by contacting the relevant State or Territory government where the NOIM is to be witnessed.

Be aware that the form must be complete if witnessed by anyone other than your Celebrant as only the Celebrant can add information.

·     NOIM: Why do we have to be so careful about the name we put on the (NOIM) Notice Of Intended Marriage and on the Marriage Certificates?

Subsection 42(8) of the Marriage Act 1961 (Cth) requires authorised celebrants to establish the identities of the parties to a marriage. Accuracy in recording names helps ensure that everyone is satisfied as to the identity of persons intending to marry, and that they can prove that they are who they claim to be.

A major focus of all Australian Governments has been putting in place systems to deal with identity fraud. As an example of this, and as a result of amendments to the Passports Act 2005, the Australian Passport Office has developed rules which are strictly enforced concerning names on Australian passports. These rules are relevant to marrying couples as anyone wishing to apply for a passport in their married name will need to strictly adhere to these rules.

·     NOTARY PUBLIC: What is a notary public?

A notary public is not the same as a Justice of the Peace (JP).

Notaries public are senior legal practitioners who prepare, attest, witness and certify original and copied legal documents for use overseas.

The Department of Foreign Affairs and Trade (DFAT) officers are not notaries public.

A list of notaries public can be found on Supreme Court or Law Society listings for each State or Territory.

You can also search in telephone directories using the search ‘Notary Public’ and your post code.

Alternatively use the Society of Notaries responsible for your state/territory as listed below:

Many professionals in Australia can witness signatures and certify copies of documents. For the purpose of legalising your document for use overseas, (i.e. through an authentication or apostille), the Department of Foreign Affairs and Trade (DFAT) cannot accept documents signed by these professionals. Only documents signed by Australian notaries public or Australian consular or diplomatic officers overseas can be accepted.

Generally, Justices of the Peace (JP) cannot sign documents for DFAT legalisation purposes. The exception is documents from Western Australia signed by JPs who perform the function in relation to their role within a local court. DFAT also cannot accept documents signed by foreign notaries public.

When presenting multiple page documents for authentication or apostille, to DFAT, please ensure every page has been signed in full or the pages have been legally bound by an Australian notary public.

·     NOTARY PUBLIC: Where can I find a Notary Public?

Within Australia, most notarial services (including witnessing and certifying of documents) are provided by Australian Notaries Public.

However, within Australia, as part of the Department of Foreign Affairs and Trade (DFAT)’s role as the local authority for a number of international conventions or arrangements, DFAT provide the following services:

  • issuing of Certificates of no Impediment to Marriage (CNI) (including witnessing the signature on the application form)
  • legalisation of signatures and/or seals that appear on Australian public documents (apostilles and authentications)

Legalisation requests can be lodged by mail to:

Melbourne
Australian Passport Office Authentications Section
GPO Box 2239
MELBOURNE VIC 3001​

Sydney
Australian Passport Office Authentications Section
GPO Box 2239
SYDNEY NSW 2001

Alternatively, legalisation requests can be lodged in person at Australian Passport Offices. Lodgment in person is by appointment only. You can make an appointment by phoning 1300 935 260.

DFAT cannot certify copies of documents or witness signatures. If you require these services, and your documents are intended for use overseas, you should contact an Australian notary public and arrange for them to witness the signature, or certify a copy of your document.

·     OBJECTION: Will you ask, “does anyone object…”?

I’ve seen that in American movies, but it is not a requirement under the Marriage Act 1961

·     ORIGINAL ID: Do I need to show originals of all certificates and ID?

The Guidelines on the Marriage Act 1961 for Marriage Celebrants are very specific that the authorised celebrant must see all the original documents prior to the marriage ceremony.

If the documents are not produced, and then sighted by the Celebrant, the legal marriage cannot take place.

A Commitment ceremony could still proceed but an extra fee will be then applicable for a Marriage ceremony at a later date.

·     ORIGINAL ID: What happens if I don’t show originals of all certificates and ID?

The Guidelines on the Marriage Act 1961 for Marriage Celebrants are very specific that the authorised celebrant must see all the original documents prior to the marriage ceremony.

If the documents are not produced, and then sighted by the Celebrant, the legal marriage cannot take place.

A Commitment ceremony could still proceed but an extra fee will be then applicable for a Marriage ceremony at a later date.

·     ORIGINAL IDS: Why can’t you use the scanned or photocopies of my IDs as proof as original ID?

The Guidelines on the Marriage Act 1961 for Marriage Celebrants are very specific that the authorised celebrant must see all the original documents prior to the marriage ceremony.

·     ORIGINAL IDS: Why do my IDs have to be original documents?

The Guidelines on the Marriage Act 1961 for Marriage Celebrants are very specific that the authorised celebrant must see all the original documents prior to the marriage ceremony.

Guidelines 4.6 ESTABLISHING THE IDENTITIES OF THE PARTIES TO THE MARRIAGE

An authorised celebrant shall not solemnise a marriage unless satisfied that the parties are the parties referred to in the NOIM.36 This requirement is separate from, and additional to, the requirement that each party to a marriage must give their authorised celebrant evidence of their date and place of birth before a marriage is solemnised.

An authorised celebrant should require each party to a marriage to provide at least one of the following documents with photo identification as evidence of their identity:

  1. a driver’s licence
  2. a proof of age/photo card
  3. an Australian or overseas passport, or
  4. a Certificate of Australian Citizenship along with another form of photographic evidence (such as a student card or other photo identification not listed above).

·     ORIGINAL IDS: Why isn’t my laminated birth certificate as an original ID?

The Guidelines on the Marriage Act 1961 for Marriage Celebrants are very specific that the authorised celebrant must see all the original documents prior to the marriage ceremony.

Many authorities now use imbedded heat sensitive security in documents (e.g. NSW Birth certificates) A laminated copy renders the security in effective and so invalidates the document and there is often now a warning in fine print on the document, to that effect.

A laminated copy therefor may not be accepted as an original and it may be necessary to obtain a new original.

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·     OTHER WEDDINGS: Will there be any other events going on, on the day of our wedding?

As a rule, I prefer only one booking per day and will only allow a second booking in the one day as a rare exception, and then only if several hours apart.

This however does not apply to venues such as the Botanical Gardens where there may be several weddings only 50 or 100 metres apart, so I suggest you check with your venue.

PARENTS NAMES: I don’t know the name of my father and so can I just leave that blank on the NOIM, and do I really have to submit a Statutory Declaration explaining that?

The Guidelines on the Marriage Act are clear. If you don’t know the name of a parent, you simply write ‘unknown’.

The requirements for completing a Statutory Declaration are explained further in Part 12.5 of the Guidelines, Published July 2014 but in this instance a Statutory Declaration is not necessary for the information required under items 9, 10, 11 or 12, or the date of a previous marriage ceremony under item 14.

OLD NOIM NEW NOIM
9 11 Father’s name in full (If not known, write “unknown”. If deceased, add “deceased”)
10 12 Mother’s maiden name in full (If not known, write “unknown”. If deceased, add “deceased”)
11 13 Father’s country of birth (If not known, write “unknown”)
12 14 Mother’s country of birth (If not known, write “unknown”)
14 16 Year of each previous marriage ceremony (If known, give date)

·     PARKING: Should I ensure a parking spaces is available for the celebrant?

Yes.

Most venues will provide a space for the Celebrant but please keep that in consideration> I do have a bit of equipment I need to unload and so do need vehicular access to the venue both before and after; and of course, it needs to be parked during the ceremony.

PASSPORT: Can an expired Passport be used as proof of identity and date of birth?

The short answer is general, YES, but there are some considerations.

4.4.2 A PASSPORT ISSUED BY THE AUSTRALIAN GOVERNMENT OR THE GOVERNMENT OF AN OVERSEAS COUNTRY

An authorised celebrant may also use a passport issued by the Australian government or the government of an overseas country as evidence of a person’s date and place of birth.

2014 amendments to the Marriage Act 1961 (Cth) allow a party to use an Australian passport as evidence of their date and place of birth. It does not matter whether a party is born in Australia or overseas, this option is open to anyone who has an Australian passport. In order to obtain an Australian passport a party will have already proved their date and place of birth to a satisfactory standard to the Australian Passports Office.

An expired passport is acceptable as evidence of date and place of birth. However, a cancelled passport is not acceptable. This is because a cancelled passport is a passport that has been reported as lost or stolen and is permanently cancelled by border control authorities in Australia or abroad.

If an overseas passport does not show the place of birth of the party, then it cannot be used as evidence of the party’s place of birth and celebrants should request the party to produce either a birth certificate or statutory declaration as appropriate.

In late 2017, the MLCS gave the following advice:

Passports as evidence of date and place of birth and identity

In July this year, the MLCS received a request for guidance on the use of an expired passport to determine date and place of birth and also identification of an individual.

The MLCS advice is guidance only.

Ultimately it is up to each celebrant to determine whether they are satisfied as to the identity of the people seeking to get married.

Our guidance on this issue is that:

  • expired passports can be used to determine date and place of birth, no matter how old the passport is, and
  • expired Australian passports (issued on or after 1 July 2000 with more than two years validity; that have not been expired for over ten years, or reported lost/stolen) can be used to determine the identity of a person.

Each decision on accepting evidence to determine identity should be made on a case by case basis.

If a celebrant is not satisfied of a person’s identity because of the age or validity of documents presented to them, they should request that the couple provide alternate evidence.

For instance, an expired passport that belonged to a child may not be useful to determine the identity of an adult (even if it has been expired for less than ten years).

https://www.ag.gov.au/FamiliesAndMarriage/Marriage/marriagecelebrants/Documents/marriage-celebrant-matters-spring-summer-2016-17.pdf

·     PETS – furry, feathered or scaled family members: Can I have my dog/horse/goat/snake/lizard/spider at my wedding?

Yes of course.

You will however be responsible for the health and welfare of that guest and of all others in attendance.

It is best to have a ‘butler’ or ‘carer’ for each non-human guest or participant and it important the Celebrant be acquainted with the special guest beforehand so that both are comfortable with each other.

·     PETS – furry, feathered or scaled family members: How do I include my ‘pet (furry, feathered or scaled)’ family members?

Including furry, feathered or scaled family members can be a great experience and depending on ability, the involvement is really left up to imagination.

The most common inclusion is to be an escort, ring bearer, usher, or guard.

Most can certainly dress up for the occasion.

If it is a horse, the bride and/or groom could arrive or depart in a carriage, or on its back if safe for the horse.

Large dogs can also pull carriages.

Arachnids and reptiles can be ring keepers (as long as they don’t swallow the rings), though some could be ring bearers.

With any such inclusion, just be certain that there is a ‘butler’ or ‘carer’ to look after their welfare so that you are not distracted, and that all, especially the special guest/s, is/are safe and well at all times. (crowds can be stressful)

TIPS:

  • toilet beforehand and offer nothing to eat or drink just before the ceremony but have a treat and water available as a reward once their part is done however the reward should be consumed away from the bridal party to avoid any accidents.
  • Have a safe quiet place as a retreat

·     PLANNING: How much and do you organise; the complete wedding day including the photographer?

My job is to prepare and write the ceremony, satisfying legal requirements to ensure the marriage is valid.

I do not organise photographers or any other vendors.

I do however usually make a video recording (unattended camera on a tripod pointed at the centre area) of the ceremony and you will be presented with a copy of that video.

·     PLUS ONE: Do we need to invite plus ones?

No. However, if your budget and venue capacity allow for it, it is a nice gesture.

Celebrating your love and union can be even more enjoyable if guests have their own loved ones by their sides.

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·     POST-RECEPTION: What is the best way to store wine and champagne kept from the reception?

Cork is now becoming rare and often replaced by screw tops or plastic stoppers.

However, your wine bottle has an actual cork, the best way to store wine and champagne is at a slight tilt from horizontal with the cork down and give the bottle a quarter turn every month. This will keep the cork moist so that it doesn’t dry out and so keeps the wine sealed, and it ensures any sediment does not solidify at the bottom of the bottle.

The best temperature is between 10C and 15C. If the wine overheats or freezes, the flavour will be diminished or perhaps even destroyed even if returned to the correct temperature.

PRESCRIBED AUTHORITY: What is a Prescribed Authorities and where can I find one?

A prescribed authority is the body that may authorise a marriage to be solemnised despite the authorised celebrant receiving the Notice of Intention to Marry (NOIM) within one month of the date of the marriage, which is known as a shortening of time. The Attorney General’s department maintains a list of prescribed authorities.

·     PREVIOUS MARRIAGE: When should an authorised celebrant ask more questions of a party who has been previously married (section 4.5.4 of Guidelines)?

An authorised celebrant should ask more questions of a party or parties in the following circumstances:

  • no documentary evidence to support a claim that they are divorced from their former spouse or that their former spouse is dead, or
  • documents purporting to prove that a party is divorced or the former spouse is dead not being the original document, being illegible or not written in English.

·     PREVIOUS WEDDING: My fiancé doesn’t know I have been married before, can you conceal that from him/her please?

Whilst I must adhere to strict privacy rules, both must sign the NOIM and No Impediment to Marriage Declarations and so too is likely that the information will be in view however even if one party does not notice this on the forms, the failure to disclose can render the marriage invalid because, like any contract, must include informed consent.

A failure to disclose could place in doubt the validity of the marriage under section 23B of the Marriage Act 1961 (Cth), that is, that the person’s consent to the marriage may not be a real consent because it was obtained by duress or fraud.

For further information on the issue of consent please see Part 8.6 of the Guidelines.

Authorised celebrants must not participate in such ceremonies. This is because there is no guarantee that the marriage will be valid.

·     PROHIBITED RELATIONSHIP: What are some examples of prohibited relationship situations that may arise?

The prohibited relationship requirements mean:

  • A man cannot marry his grandmother, mother, sister or half-sister, daughter or granddaughter.
  • A woman cannot marry her grandfather, father, brother or half-brother, son or grandson.
  • An uncle may marry his niece and an aunt may marry her nephew.
  • Cousins may marry each other.
  • Individuals who have lived together in the one family but were not adopted by the adults who raised them are not in a prohibited relationship.
  • Individuals who were adopted by the same adults but have never lived together are in a prohibited relationship. This includes cases where an adoption has been annulled, cancelled or discharged.
  • An authorised celebrant should exercise caution when a party to a proposed marriage refers to the couple being raised as step-brothers and sisters, or refers to any family connection between them. In such a case the authorised celebrant should question them closely to ensure there is no prohibited relationship. This advice is intended to assist couples and is in accordance with the Marriage Act 1961.

·     PROOF OF ID: What proof of ID do I need to get married?

The Marriage Act Guidelines are quite specific.

Guidelines 4.6 ESTABLISHING THE IDENTITIES OF THE PARTIES TO THE MARRIAGE

An authorised celebrant shall not solemnise a marriage unless satisfied that the parties are the parties referred to in the NOIM.36 This requirement is separate from, and additional to, the requirement that each party to a marriage must give their authorised celebrant evidence of their date and place of birth before a marriage is solemnised.

An authorised celebrant should require each party to a marriage to provide at least one of the following documents with photo identification as evidence of their identity:

  • a driver’s licence
  • a proof of age/photo card
  • an Australian or overseas passport, or
  • a Certificate of Australian Citizenship along with another form of photographic evidence (such as a student card or other photo identification not listed above).

·     RAIN: Are rainy days good luck?

Many cultures and traditions regard rain on your wedding day as a Good Omen, after all there are 365 days in the year and so you have just 1 in 365 chances of rain.

I add some of these words if it rains on your special day:

Water is cleansing, washing away any challenges of the past and leaving only your future together.

It is a symbol of the new life, you are starting together,

Washing away all of the past and leaving only the fresh aroma of the new life that is your future

It signifies an expected longevity and strength of your marriage and a symbol of your unity, because, as you know, a knot that becomes wet is extremely hard to untie – therefore, when you “tie the knot” on a rainy day, your marriage will be even more difficult to unravel!

The falling of tears from heaven are a blessing and symbolise the last tears that you will shed in this union.

·     READING: Can I do the reading?

A reading is not compulsory but if you choose to have one or more, you choose who you want to read it. Just make sure you give me a copy so that we can fit it into the program and, so we can be certain that I’ll have a backup copy for the reader.

Reading before an audience is a skill and not everyone is capable of doing it successfully, so I like to meet the readers beforehand so that I can give them a few tips to strengthen the delivery and enhance the readers confidence.

·     READING: who do I choose to do the reading?

Look for someone with whom you have a personal connection as the sincerity of the reader will carry through.

The best voices are from people who have a pleasant tone, and speak & read easily however hearing a heartfelt reading from a loved one who has struggled to overcome shyness and stands proudly just for you, can be extremely rewarding as well.

Someone who slouches will sound muffled while someone who fidgets will distract.

A skilled male’s voices can be soothing and carry well but with amplification, a woman’s voice will carry just as well.

So, it is highly subjective and linked to your tastes. Which means it is entirely up to you, who reads.

Whomever you choose, I will give them some coaching beforehand offering a few tips and tricks.

·     READING:  Does there have to be a reading?

A reading is not compulsory at all, but it can set a theme and mood, enhancing the ceremony.

A well thought out reading, read by a skilled reader, can truly enhance the ceremony.

·     RECEPTION: How many canapes should you allow per person?

As a rule, allow 4-6 canapes per person. That way you’ve accounted for those guests who are on a 5:2 fast day, and also those guests who will hover by the kitchen door ready to hoover up everything that comes out. But, it does depend on the time of day – if canapes are your starter, opt for a more generous 6/7 per person.

·     RECEPTION: How many crackers per person for the cheeseboard?

Allow around 100g of cheese, and 4-5 crackers per person.

·     RECEPTION: How many different glasses do we need?

Simplicity is always the best option.

  • champagne flutes for toasts,
  • wine glasses for wine,
  • tumblers for other drinks
  • cocktail glasses only if cocktails are available

·     RECEPTION: How many glasses are in a bottle of champagne?

A standard bottle of champagne is 750ml. If you’re being generous, this will give six large glasses. But, if you’re only half filling glasses for a toast, you could stretch one bottle of champagne to fill eight flutes.

·     RECEPTION: How many items of cutlery will we need?

That depends entirely on the number of courses and style of meal and so make that decision first, and then create a mock set-up. You rehearse you wedding ceremony, why not your meal.

Remember that when setting out cutlery, the cutlery for the first course is on the outside and you work inwards for each course, so the soup or entre cutlery on outside and dessert on the inside etc.

Once you know the right type of cutlery, and the right amount to be ordered, add about 10% extra of each item to allow for any extra needs such as second helpings or droppages.

·     RECEPTION: How many serving staff do I need?

The number of serving staff you need depends on the type of meal you are having.

For a formal sit-down meal, you’ll need one member of staff per 10-12 guests.

If you’re having a more informal buffet reception, allow one waiter per 25 guests.

·     RECEPTION: How many types of cocktail should we have?

Cocktail can actually reduce your alcohol cost as alcohol can be significantly extended with less expensive but flavoursome mixers such as crushed ice, juices and lemonades watered and so a creative cocktail menu, can be more budget-friendly than wine and spirits alone and of course creative cocktail names can also add a little fun. Having a non-alcoholic cocktail available also ensures inclusion and perhaps fewer headaches.

·     RECEPTION: Where should we have our reception?

You will finds a list of options on my Venues tab.

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RECORDS: What date should an authorised celebrant record on the record keeping form, for the Form 15 (decorative) certificate of marriage?

The date to be recorded is the date the authorised celebrant used the certificate in any way.

This includes:

  • completing the certificate and giving the certificate to a marrying couple at their wedding – in which case the authorised celebrant records the names of the parties to the wedding and the date it was given to them
  • if the certificate was spoiled and had to be destroyed – for example by spilling something on it – the authorised celebrant records that they destroyed it and why and the date on which it was destroyed, and
  • if the authorised celebrant provided the certificate to another celebrant – the authorised celebrant providing the certificate records the other celebrant’s name and registration number and the date on which it was provided to the other celebrant.

RECORDS: What is the purpose of authorised celebrants recording what happens to each Form 15 (decorative) certificate of marriage issued to the Celebrant?

Authorised celebrants must ensure they have a complete record of what happens to each Form 15 (decorative) certificate of marriage issued to the Celebrant.

Each marriage certificate issued to an authorised celebrant and then to a couple after 1 September 2005 is traceable.

The supplier keeps a record of which numbers are supplied to each authorised celebrant and provides these to the Attorney General’s department.

The authorised celebrant keeps a record of what happens to each certificate and who it is given to.

This process ensures the authenticity of each certificate can be verified.

RECORDS: What records must an authorised celebrant keep?

Authorised celebrants record the same marriage rites for each marriage on both the NOIM and the Form 15 (Decorative Certificate) and Form 16 (for Registration and Celebrant Copy) marriage certificates but for what records does an authorised celebrant keep.

We find the information under section 6.5, on Pages 85 & 86, of the Guidelines on the Marriage Act 1961 for Marriage Celebrants – July 2014.

6.5 The Records An Authorised Celebrant Must Keep For The Form 15 Marriage Certificate (Record Of Use Form)

Authorised celebrants must record:

  • the number of each Form 15 certificate of marriage they are issued with,
  • what happens to the certificate and
  • the date on which they use it.

There is a record keeping form supplied with each set of Form 15 (decorative) certificates of marriage that the Celebrant purchases but the form can also be downloaded from the Attorney-General’s Department website.

Authorised celebrants must record the following details on the record keeping form:

  • their name and registration number
  • the serial number on the certificate
  • the date they used the certificate, and
  • how the certificate was used (see following section).

RECORDS: What should an authorised celebrant do if Form 15 (decorative) certificates of marriage are lost or stolen?

If Form 15 certificates of marriage issued to an authorised celebrant are lost or stolen the authorised celebrant must do two things:

  1. record how many were lost or stolen – on the record keeping form if they still have it, and
  2. notify the department immediately.

·     RED CARPET: Do you provide an aisle runner provided?

Generally, no.

You are decorating and, so it is always best that you provide all the decorations.

However, I do have a 6-metre green runner that I can bring along if absolutely needed and may invest in a red runner in the future however it is your wedding and you are decorating and, so it is always best that you provide the decorations.

·     REGISTRATION: How long will it take after the ceremony could I apply for my legal Marriage document?

Firstly, the certificate is only available from the the state BDM, in which the Ceremony took place.

If it was in NSW, I, as your Celebrant, can order the NSW Certificate for you.

I find that it usually gets delivered to me within 2-5 working days by Registered Post but that is of course subject to NSW BDM processing time and Australia Post, delivery periods (had one take about 7 days).

There are currently only two common exceptions to shorter time periods:

  • ‘same sex marriages (SSM)’:

as these marriages are presently registered via paper submission only, it can take a little longer. NSW BDM is working on the I.T. issue and will hopefully have it resolved soon sometime soon. If the certificate is urgent, let me know as I may be able to hand deliver to the NSW BDM head office at Chippendale, to expedite.

  • Interstate marriages.

The marriage must be registered in the state in which the ceremony occurs, and so paper registration may be required.

You can of course apply for the certificate yourself, directly to the BDM and you will note that each BDM does apply a fee for issue of the certificate.

Fees for a direct application to the NSW BDM are listed on the NSW BDM Webapge at 2017 NSW BDM Fees for products and services flyer [PDF 150kb]

Standard NSW Certificates for the NSW BDM for Birth, Death, Marriage, Relationship, Replace Change of Name and Single Status is:         $56.00

I charge a Handling & delivery fee of just $19.00 and so the total fee from me is $75.00

You will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful People tab, under Births, Deaths & Marriages.

·     REGISTRATION: Where can I apply to get my certificates?

You can obtain a birth, death or marriage record from the registry in the state in which the event was originally recorded.

You will find links or contact details for the various State Registries of Birth Death & Marriages, and some International Registries, on my Helpful People tab, under Births, Deaths & Marriages.

REGISTRATION OF MARRIAGE: How soon after my Wedding Ceremony, will it be registered and how soon after can I get my Certificate of Registration?

I will mention the legal requirements later in the answer, but will firstly say that as I submit registrations online, the registration of marriage at the NSW BDM, usually takes place on the next business day. If the wedding takes place in the morning on a business day, there is the slim possibility of same day registration.

The Certificate of Registration, or Standard Marriage Certificate’ is available immediately following that registration.

There are currently only two exception:

  1. ‘same sex marriages (SSM)’, as these marriages are presently registered via paper submission only, so it can take a little longer. NSW BDM is working on the I.T. issue and will hopefully have it resolved soon sometime soon. If the certificate is urgent, let me know as I may be able to hand deliver to the NSW BDM head office at Chippendale, to expedite.
  2. Interstate marriages. The marriage must be registered in the state in which the ceremony occurs, and manual paper registration may be required.

If I, as your Celebrant, order the NSW Certificate for you, I find that it usually gets delivered to me within 2-5 working days by Registered Post but that is of course subject to NSW BDM processing time and Australia Post, delivery periods (had one take about 7 days).

You can of course apply for the certificate yourself, directly to the NSW-BDM and you will note that NSW BDM does apply a fee to issue the certificate so if you want me to get it for you, that same fee will apply, as well as of course a small handling fee of $19 but I will then, usually, hand deliver it to you.

If it is urgently required, I can arrange to pick it up from Parramatta but an additional handling fee may apply – just ask me.

Now, back to the first part of the question about how soon will the marriage be registered?

The Marriage Act, and its Guidelines for Celebrants are quite clear that the documents arising from the Wedding Ceremony must be submitted for registration within 14 days of the marriage. Here is an extract from the Guidelines:

7 REGISTERING THE MARRIAGE

Subsection 50(4) of Marriage Act 1961 (Cth) requires the authorised celebrant to forward the Form 16 official certificate of marriage and the NOIM (together with supporting documents) to the BDM in the State or Territory in which the marriage was solemnised within 14 days of the marriage being solemnised. Some states and territories allow these documents to be lodged online. Authorised celebrants should make enquiries with the relevant BDM about the availability of this option. Contact details for the BDMs can be found in Part 13 of these Guidelines.

Other necessary supporting documents that should also be sent to the relevant BDMs with the Form 16 certificate of marriage will depend on the circumstances of the marriage. Such documents may include any official translations of documents, copies of parental consents or court orders for an underage marriage, statutory declarations or the certificate of faithful performance by the interpreter (formerly called the Form 24). Note that BDMs have different practices as to what supporting documents are required. For example, WA BDM will usually receive any parental consents or court orders for an underage marriage, Certificates of Interpreter or statutory declarations but not other documents.

Marriages are then registered in the State or Territory in which they are solemnised, in accordance with the law of that State or Territory. Copies of, and extracts from, entries in the register of marriages can be obtained from the registering authority in the State or Territory in which the marriage is registered. Note that WA BDM does not issue extracts from the register of marriages.

It is the responsibility of the authorised celebrant, not the parties to the marriage, to forward the documents to the BDM to register the marriage. Under no circumstances should the documents be given to any other person, including either or both of the parties to the marriage, to carry out this obligation. The obligation belongs to the authorised celebrant only.

Serious consequences may arise for the authorised celebrant and the couple if the authorised celebrant does not forward the documents to the BDM to register the marriage within the required time. Disciplinary measures, in the form of a caution, being required to undertake professional development, suspension or deregistration, could be taken against a Commonwealth-registered marriage celebrant who does not comply with their obligation to register a marriage. A minister of religion of a recognised denomination could be removed from the register of ministers of religion for failing to comply with this obligation. (ref:Section 33 of the Marriage Act)

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·     REHEARSAL: Can I schedule a rehearsal & when can I schedule it?

I am quite adaptable and so a full rehearsal is often not required for small weddings but may be required if there are complicated rituals or a large bridal party.

It is best to schedule the rehearsal about two weeks before the event so that there is time to make any necessary changes that might be revealed in the rehearsal.

Please note that if the Rehearsal runs for more than an hour, or requires extra travel, there may be an extra charge.

·     REHEARSAL: How many hours will we need the venue for the rehearsal?

Depending on the venue and Ceremony, a full rehearsal may not be necessary on site but if it is necessary, an hour should suffice.

·     RICE & CONFETTI: Are there any restrictions regarding rice, birdseed, confetti, bubbles or rose petal tossing?

Most venues no longer allow confetti or rice, but some will allow the far more attractive rose petals and, so you can set up a ‘petal bar’ or have someone hand out small bags of petals to guest on arrivals.

Alternatives are bubbles in which case you can hire a bubble machine or hand out bubble makers.

RING: How can I buy the perfect engagement ring?

According to Credit Donkey, there are 10 steps to buying the perfect engagement ring:

  1. Set a Budget
  2. Create a Savings Plan
  3. Avoid Common Mistakes
  4. Select a Diamond
  5. Select a Setting
  6. Select a Jeweller
  7. Research Online
  8. Determine the Ring Size
  9. Determine the Style
  10. Buy the Ring

RING: How much should I spend on an engagement ring?

That is a very personal decision and I’ll explain why.

The ‘Rule of Thumb’ created by a marketing campaign in the 1940s was that two months salary should be spent on the engagement ring and it certainly worked to boost the profits of jewellers but as the ring is more about emotional than income, other consideration should come to play.

The three major considerations should be:

  1. Your partner’s expectations
  2. Your Budget or ability to meet those expectations
  3. Your partners taste in style and jewellery

The goal is to find a balance between the three.

An interesting side consideration is that statistically, those who pay $thousands or even $millions have shorter marriages, so the higher the ring price, the shorter the marriage whereas marriages where under $5000 was spent on the ring, tend to be long lasting.

My summation on that is that where appearances are placed above the relationship, the relationship will get into trouble but if the love and devotion are stronger, the love will be lasting.

According to Credit Donkey, there are 10 steps to buying the perfect engagement ring:

  1. Set a Budget
  2. Create a Savings Plan
  3. Avoid Common Mistakes
  4. Select a Diamond
  5. Select a Setting
  6. Select a Jeweller
  7. Research Online
  8. Determine the Ring Size
  9. Determine the Style
  10. Buy the Ring

So the best outcome is to buy a ring that you can afford but which is  to your tastes.

RING: What are the 4Cs when it comes to diamonds?

Diamonds are graded by the 4 Cs which are:

  1. Carat:    or weight, determines the size of the diamond.
  2. Clarity: The fewer flaws, the greater the value. If you cannot see flaws with the naked eye, it’s called an eye-clean diamond.
  3. Colour: A clear diamond is the rarest and has the highest grade of D. A yellow diamond will have the lowest grade of Z.
  4. Cut:        The cut creates the sparkle and so impacts on the beauty of the diamond.

Another consideration is Shape,  not to be confused with ‘cut’ the shape identifies the overall appearance of the diamond, e.g. round, oval, teardrop etc. Round stones are the most common.

RING: What meaning is attributed to the rings?

A wedding ring is traditionally made of gold or other precious metal. The precious metal

is indicative of the preciousness of the love and relationship.

The unending circle of the ring is a symbol of eternity and so it is the promise of love of each other with fidelity for all time. Love never ends.

The hole is a symbol of a doorway to the future to be spent together.

Wearing the wedding bands throughout your lifetime is a reminder to you and to all, of your wedding day and the promises & vows made.

The public display of the rings tells all others of this commitment of love, faith and fidelity  made.

So the exchange of rings is true symbol of love, commitment and fidelity.

RING: Where did the tradition of diamond engagement rings and gold wedding bands come from?

The tradition of exchanging wedding rings goes back as far as 4,800 years to ancient Egypt but the rings were made of braided papyrus and reeds.

The Romans were the first to exchange jewellery but they exchanged iron rings as a sign of devotion and a claim of ownership as It also transferred the ownership of the daughter from the father to the new husband.. They did however have gold rings worn for special occasions

The engagement ring was a sign of a marriage contract between two people but the first diamond engagement ring ever used was not until 1477, when Archduke Maximilian of Austria asked Mary of Burgundy to marry him. The diamonds were in the shape of an “M” and were very thin and delicate. Back then, diamonds were expensive even for European aristocrats.

It was not however until around 1938 and through the 1940s, that the diamond cartel, de Beers, which controlled the diamond market, launched a very successful advertising campaign equating diamonds to love. The ‘Diamonds are forever’ slogan suggesting everlasting commitment and love, still remains. The theme of their advertising was:

  1. Diamonds were the only way to show your love to a woman.
  2. A woman measured a man’s love based on the diamond size.
  3. Anyone who was anyone in life must have a diamond on their finger, just like the celebrities.

This campaign is attributed to giving birth to the modern diamond engagement ring phenomenon.

(ref: https://www.creditdonkey.com/history-engagement-ring.html)

RING: Why is an engagement ring so important?

A diamond engagement ring is a symbol of your love. It shows that you are committed to the relationship. The ring is a special gift just for her and the expense shows that you’re invested in your future together.

(ref: https://www.creditdonkey.com/history-engagement-ring.html)

·     SAME SEX MARRIAGE: Can we marry if my fiancé is female and I was born as a female, but after gender reassignment, am now a male?

Yes, as long as you are otherwise eligible for marriage.

To be legally married in Australia, a person must:

  • not be married to someone else
  • not be marrying a parent, grandparent, child, grandchild, brother or sister
  • be at least 18 years old, unless a court has approved a marriage where one party is aged between 16 and 18 years old
  • understand what marriage means and freely consent to marrying
  • use specific words during the ceremony
  • give written notice of their intention to marry to their authorised celebrant, within the required time frame (not more than 18 months before and not less than 1 months before).

As your Celebrant, I will help you understand these requirements.

Following the amendment to the Marriage Act on 7th December 2017, sex is not a determining factor in eligibility for marriage and so marriage in Australia is defined as ‘the union of 2 people to the exclusion of all others, voluntarily entered into for life’.

·     SAME SEX MARRIAGE: Can we marry if my fiancé is female, as am I?

Yes, as long as you are otherwise eligible for marriage.

Following the amendment to the Marriage Act on 7th December 2017, sex is not a determining factor in eligibility for marriage and so marriage in Australia is defined as ‘the union of 2 people to the exclusion of all others, voluntarily entered into for life’.

The right to marry under Australian law is not determined by sex or gender.

It is legal for same-sex couples to marry in Australia.

To be legally married in Australia, a person must:

  • not be married to someone else
  • not be marrying a parent, grandparent, child, grandchild, brother or sister
  • be at least 18 years old, unless a court has approved a marriage where one party is aged between 16 and 18 years old
  • understand what marriage means and freely consent to marrying
  • use specific words during the ceremony
  • give written notice of their intention to marry to your authorised celebrant, within the required time frame (not more than 18 months before and not less than 1 months before).

As your Celebrant, I will help you understand these requirements.

The usual requirements around giving a Notice of Intended Marriage continue to apply; the NOIM must be given at least one month prior to the wedding ceremony, unless a shortening of time has been obtained from a prescribed authority.

·     SAME SEX MARRIAGE: Can we marry if my fiancé is male, as am I?

Yes, as long as you are otherwise eligible for marriage.

To be legally married in Australia, a person must:

  • not be married to someone else
  • not be marrying a parent, grandparent, child, grandchild, brother or sister
  • be at least 18 years old, unless a court has approved a marriage where one party is aged between 16 and 18 years old
  • understand what marriage means and freely consent to marrying
  • use specific words during the ceremony
  • give written notice of their intention to marry to their authorised celebrant, within the required time frame (not more than 18 months before and not less than 1 months before).

As your Celebrant, I will help you understand these requirements.

Following the amendment to the Marriage Act on 7th December 2017, sex is not a determining factor in eligibility for marriage and so marriage in Australia is defined as ‘the union of 2 people to the exclusion of all others, voluntarily entered into for life’.

The usual requirements around giving a Notice of Intended Marriage continue to apply; the NOIM must be given at least one month prior to the wedding ceremony, unless a shortening of time has been obtained from a prescribed authority.

·     SAME SEX MARRIAGE: My fiancé and I are the same gender; when can we marry?

You must lodge a Notice of Intended Marriage (NOIM) at least one month prior to, and no more than 18 months, prior to the wedding ceremony, unless a shortening of time has been obtained from a prescribed authority.

To be legally married in Australia, a person must:

  • not be married to someone else
  • not be marrying a parent, grandparent, child, grandchild, brother or sister
  • be at least 18 years old, unless a court has approved a marriage where one party is aged between 16 and 18 years old
  • understand what marriage means and freely consent to marrying
  • use specific words during the ceremony
  • give written notice of their intention to marry to your authorised celebrant, within the required time frame (not more than 18 months before and not less than 1 months before).

SAME SEX MARRIAGE: Who can be described as a bride or groom?

For the purposes of the Marriage Act, 1961, Gender is a legal status and parties must provide proof of gender in the form of a birth certificate, passport, amended birth certificate or other authorised documentation

Gendered terms, ‘Bride’ and ‘Groom’ are included on the forms for Births, Deaths and Marriages certificates and for parties wishing to continue using these terms.

The sex question on the NOIM is about biological sex and was included as Australian Bureau of Statistics (ABS) requires this information for statistical purposes, these statistics are de-identified.

The terms “bride” and “groom” are gender specific, meaning that:

  • “bride” and “wife” may only be used by females, and
  • “groom” and “husband” may only be used by males).

The sex question on the NOIM is about biological sex and was included as Australian Bureau of Statistics (ABS) requires this information for statistical purposes, these statistics are de-identified.

If gendered terms are used i.e. descriptors such as bride and/or groom; husband and/or wife; when completing the NOIM and when saying the vows, they need to accurately reflect gender, as using gendered terms inaccurately may impact the validity of the marriage.

For example:

  • two males completing the Notice of Intended Marriage (NOIM) form as parties to the marriage, may both select either ‘Groom’ or ‘Partner’,
  • two females completing the Notice of Intended Marriage (NOIM) form as parties to the marriage, may both select either ‘Bride’ or ‘Partner’.
  • Two males saying their vows may both recite either ‘husband’ or ‘spouse’
  • two females saying their vows may both recite either ‘wife’ or ‘spouse’.

Couples can however use the terms they want in other parts of the ceremony, but for the vows specifically, think about what approach is to be taken, noting that Celebrants have a responsibility to ensure the vows are said correctly so that the marriage is valid.

·     SECURITY: Do I need to have ‘security’ in place?

Security is not usually a problem at weddings but if you are expecting a problem with a wayward relative or past acquaintance, or if a guest is known to have a little too much to drink, you might consider it.

·     SET-UP: Is it possible for your setup the day before?

I prefer to bring my equipment on the day.

·     SET-UP: What time can my vendors start setting up on the day of the wedding?

That is a question for the venue. I always arrive up to an hour beforehand but only need about 10 or 15 minutes to setup. I do however like to have a few minutes of alone time to review the Ceremony.

·     SHOES: Can I take my shoes off at any time during the Ceremony or reception?

Entirely up to you. It is your wedding and, so you can decide that.

SHORTENING OF TIME: How does the prescribed authority grant a shortening of time?

If the prescribed authority is satisfied that the relevant circumstance for shortening the notice period to less than one month has been met, they will make a note in the box provided at the foot of the NOIM on page four, sign it, add his or her designation and the words ‘Prescribed Authority’ and write the date.

The original NOIM should then be given by the parties to the authorised celebrant before the marriage is solemnised.

You will find more detail, including a Step by Step Guide below.

SHORTENING OF TIME: One month notice is not practical for me, can I apply for a shortening of time?

If the parties to an intended marriage have not provided the NOIM to the authorised celebrant with the minimum one month’s notice, they will need to apply to a prescribed authority for authorisation before the celebrant can make or confirm any arrangements to marry them.

Where an authorised celebrant is asked to reduce the minimum notice period for the NOIM, the celebrant should see that the NOIM is in order and then refer the party or parties with the notice to a prescribed authority.

The authorised celebrant should explain the following key points to the couple:

  • the reason for seeking a shortening of time must fall within one of the categories described above before the application can be considered
  • a prescribed authority has no discretion to grant a shortening of time outside the circumstances covered by these categories
  • the granting of a shortening of time is not automatic, and
  • a prescribed authority may charge an application fee – celebrants should suggest that the couple check if a fee is charged when making an appointment.

The authorised celebrant should also advise the parties to the marriage to make an appointment with the prescribed authority and to take the completed NOIM and any other documentary evidence to prove why they require a shortening of time (for example, medical certificates or a travel itinerary).

This is the only circumstance in which a celebrant should release the completed NOIM to the parties to the intended marriage. Parties should return the NOIM to the celebrant after a shortening of time is obtained.

A prescribed authority may authorise a marriage to be solemnised despite the authorised celebrant receiving the NOIM within one month of the date of the marriage.

A list of prescribed authorities is published on the Attorney-General’s Department website.

The five circumstances in which an application for shortening of time may be considered by a prescribed authority are set out in Schedule 1B to the Marriage Regulations 1963 (Cth). These are limited to:

  1. employment related or other travel commitments
  2. wedding or celebration arrangements, or religious considerations
  3. medical reasons
  4. legal proceedings, or
  5. an error in giving notice.

SHORTENING OF TIME: What are the five circumstances in which an application for shortening of time may be considered by a prescribed authority?

The five circumstances in which an application for shortening of time may be considered by a prescribed authority are set out in Schedule 1B to the Marriage Regulations 1963 (Cth). These are limited to:

  1. employment related or other travel commitments
  2. wedding or celebration arrangements, or religious considerations
  3. medical reasons
  4. legal proceedings, or
  5. an error in giving notice.

Whether a particular situation falls within one of these is a matter for the prescribed authority, not the authorised celebrant. The department is unable to provide advice on particular situations other than to provide the information in these Guidelines and the Marriage Regulations.

More information below.

SHORTENING OF TIME: What steps are involved?

Situations arise from time to time where a couple have a need to shorten the One Month notice period before marriage.

It should be noted that shortening is only granted in extraordinary circumstances.

The circumstances are set out under separate heading.

Step 1: Check that your circumstances

Step 2: Lodge your NOIM

Step 3: Prepare your evidence.

Step 4: Attend a Prescribed Authority

Step 5: Return the NOIM to your celebrant

 

Steps for being granted Shortening of Notice

Step 1: Check that your circumstances

Check that your reason for applying for shortening of notice meets the required circumstances outlined in the Marriage Regulations.

There are only 5 circumstances applicable:

  1. employment related or other travel commitments
  2. wedding or celebration arrangements, or religious considerations
  3. medical reasons
  4. legal proceedings, or
  5. Error in giving notice

Step 2: Lodge your NOIM

Lodge your Notice of Intended Marriage (NOIM).

This will include my witnessing your signing the NOIM

I will then hand you:

  • the NOIM for you to take to a Prescribed Authority, (this one is the only circumstances where I release the NOIM),
  • a letter stating that I am available to solemnise your marriage on the intended day if the shortening is granted.

Step 3: Prepare your evidence.

This may include completing any Application form (NSW BDM doesn’t have one) required by the Prescribed Authority or write a letter arguing your case to shorten period of notice of intent to marry.

Step 4: Attend a Prescribed Authority

Prescribed Authorities are usually local courts and the Registry of Births, Deaths & Marriages.

You will need to make an appointment to attend the Prescribed Authority and take with you:

  • the Application,
  • the NOIM,
  • Celebrant’s the letter,
  • your proof of birth documents,
  • your photo ID documents,
  • your evidence of how your last marriage ended (if you were previously married),
  • all documentary evidence to support your application

The Prescribed Authority will determine whether or not your application can be granted.

If your application is successful:

  • the NOIM will be marked ‘authority granted’ in the box provided at the foot of the NOIM on page four,
  • The PS will sign it, with his/her designation and the words ‘Prescribed Authority’ with the date.

Step 5: Return the NOIM to your celebrant

Return the NOIM to me, your celebrant, so that, if the authority was granted, we can proceed to solemnise your marriage on the intended (shortened) date.

SHORTENING OF TIME: What are the circumstances for authorising marriage despite late notice?

There are only 5 circumstances applicable:

  1. employment related or other travel commitments
  2. wedding or celebration arrangements, or religious considerations
  3. medical reasons
  4. legal proceedings, or
  5. Error in giving notice

More detail from the Marriage Regulations, below

1        Employment‑related or other travel commitments

(1)  The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage or someone involved with the proposed wedding:

(a)  has employment commitments that require the party’s absence from the location of the proposed wedding for a considerable period of time; or

(b)  has other travel commitments.

Example 1: A party to the marriage has accepted an offer of employment for imminent transfer or posting overseas or to a part of Australia distant from the location of the proposed wedding for at least 3 months, and wishes to be married with the party’s family and friends present before the departure.

Example 2: A party to the marriage realises that a close relative or friend of the party is in Australia but the relative or friend has a non‑redeemable ticket for departure from Australia within less than a month, and the party wishes the relative or friend to be present at the wedding.

(2)  In determining whether a circumstance in subclause (1) is met, the prescribed authority may take into account the following:

(a)  documents relating to the employment commitments of a party to the marriage such as a letter of offer and a letter of acceptance;

(b)  documents relating to the travel of a person such as a dated receipt or a ticket;

(c)  any explanation provided for not giving the notice sooner;

(d)  any explanation provided for not postponing the proposed wedding;

(e)  whether hardship would be caused to a party to the marriage if the marriage is not solemnised as proposed;

(f)  any other matter that the prescribed authority considers relevant.

2        Wedding or celebration arrangements

(1)  The marriage should be solemnised despite the required notice not having been received in time because of:

(a)  the binding nature of the wedding arrangements or celebration arrangements made in connection with the marriage; or

(b)  any religious consideration.

Example:    Arrangements and non‑refundable payments of a considerable sum have been made for the proposed wedding, or for any celebration associated with the marriage, and the date for the wedding or celebration cannot be changed.

(2)  In determining whether a circumstance in subclause (1) is met, the prescribed authority may take into account the following:

(a)  documents showing the extent of preparations for the proposed wedding, such as receipts showing dates and amounts of payments connected with the wedding;

(b)  in the case of a religious consideration—the nature of the consideration;

(c)  any explanation provided for not giving the notice sooner;

(d)  any explanation provided for not postponing the proposed wedding;

(e)  whether hardship would be caused to a party to the marriage if the marriage is not solemnised as proposed;

(f)  any other matter that the prescribed authority considers relevant.

3        Medical reasons

(1)  The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage, or someone involved with the proposed wedding, is suffering from a medical condition of a serious nature.

Example:    A party to the marriage, or a parent or close relative of the party, has a serious illness that will prevent the person from attending the wedding unless it is held in less than a month.

(2)  In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:

(a)  a letter from a medical practitioner or other health professional confirming the relevant health circumstances of a party to the marriage or a person involved with the proposed wedding;

(b)  any explanation provided for not giving the notice sooner;

(c)  any other matter that the prescribed authority considers relevant.

4        Legal proceedings

(1)  The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage is involved in a legal proceeding.

Example:    A party to the marriage is subject to a pending court proceeding, and is at risk of imprisonment.

(2)  In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:

(a)  a sealed copy of any applicable court order;

(b)  a letter from the party’s solicitor stating the dates and nature of a pending court proceeding;

(c)  any explanation provided for not giving the notice sooner;

(d)  any explanation provided for not postponing the proposed wedding;

(e)  whether hardship would be caused to a party to the marriage if the marriage is not solemnised as proposed;

(f)  any other matter that the prescribed authority considers relevant.

5        Error in giving notice

(1)  The marriage should be solemnised despite the required notice not having been received in time because:

(a)  it was due only to error on the part of an authorised celebrant (or a person the parties to the marriage believed to be an authorised celebrant) that:

(i)  the notice was not given; or

(ii)  the notice given was invalid; or

(iii)  a notice given earlier was lost; and

(b)  arrangements have been made for the proposed wedding to take place within less than one month.

Example 1: The parties have given significant notice to the authorised celebrant orally, and arrangements for the proposed wedding have been made, but written notice was not given in the required time because the authorised celebrant failed to explain the notice requirements properly.

Example 2: The parties have given written notice in the required time, and arrangements for the proposed wedding have been made, but the notice is invalid because the person to whom the notice was given was not yet registered as a marriage celebrant.

Example 3: The parties gave written notice in the required time, and arrangements for celebrations have been made to follow the marriage ceremony, but the original notice was lost by the authorised celebrant and the replacement notice was not given in the required time.

(2)  In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:

(a)  documents confirming why the notice was not given, such as a letter confirming an earlier interview between the authorised celebrant and the parties to the marriage;

(b)  a letter from the person to whom the notice was given explaining why the notice was invalid or lost;

(c)  documents showing the arrangements made in connection with the proposed wedding;

(d)  any other matter that the prescribed authority considers relevant.

·     SIGNATURES ON CERTIFICATE: How should the marriage certificates be signed?

The marriage certificates should all be signed using the parties’ usual signatures.

The signatures should be the same as the signatures on the NOIM and on the declarations of no legal impediment (formerly called the Form 14). The certificates should be signed in the pre-marriage names.

Please see the section entitled ‘Signing the marriage certificates’ at Part 6.8 of these Guidelines for more information on signing marriage certificates.

·     SIGNATURES ON NOIM: How should the NOIM be signed?

The NOIM should be signed using the person’s usual signature.

Please see the section entitled ‘Signing and witnessing the NOIM’ at Part 4.3.9 of the Marriage Guidelines for more information on signing NOIMs.

·     SITTING OR STANDING: Can people stand throughout the ceremony.

If you like, but just be mindful of anyone of tender age or with a disability that might cause discomfort.

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SOLEMNISATION OF MARRIAGES: What procedure must the Celebrant undertake before solemnising a marriage?

Section 4 of the Guidelines on the Marriage Act 1961 for Marriage Celebrants – July 2014, informs us about the solemnisation of marriages reminding us Celebrants of our obligations before any marriage ceremony:

4.1. PROCEDURE REQUIRED BEFORE SOLEMNISING A MARRIAGE

A marriage must not be solemnised unless:

  • notice of the intended marriage (NOIM) has been given to the authorised celebrant within the required notice period (discussed in Part 4.3 of the Guidelines ie at least one month’s written notice prior to the solemnisation of the marriage)
  • each party has produced the following documents to the authorised celebrant (as required by the NOIM):
    1. evidence of date and place of birth (discussed further in Part 4.4 of the Guidelines, re: Paragraph 42(1)(b) of the Marriage Act)
    2. evidence of identity (discussed further in Part 4.6 of the Guidelines, re: Subsection 42(8) of the Marriage Act)
    3. evidence of the termination of any previous marriage, where relevant (discussed further in Part 4.8 of the Guidelines, re : Paragraph 42(1)(c) of the Marriage Act)
  • each party has made a declaration as to his or her belief that there is no legal impediment to the marriage (discussed further in Part 4.5 of the Guidelines), and
  • the authorised celebrant is satisfied that the marriage will be valid, including that each party has given real consent (discussed further in Part 8.6 of the Guidelines).

The authorised celebrant must also ensure that information about marriage education and counselling is made available to the parties to the marriage (discussed further in Part 4.9 of the Guidelines).

The checklist in Part 4.2 of the Guidelines is a useful tool for celebrants to ensure that they have completed all required documents when solemnising a marriage under the Marriage Act 1961 (Cth).

·     SONGS: What songs should I choose?

You will find a list of over 400 songs and ideas on my Wedding Songs tab

·     SOUND & MUSIC: Is there a sound system with adequate speakers or will that need to be rented?

I will bring a portable PA system that I use for the Ceremony and in most instances, music can be played through that system, but depending on the size and style of the event, you may wish to

·     SPEECHES & TOASTS: What is the correct Order of The Speeches & Toasts?

The wedding toasts and speeches are traditionally an important highlight of the reception that is an opportunity to offer thanks, good wishes, congratulations and of course, tributes.

A good speech can bring tears of laughter, joy or empathy & appreciation but the order and number are entirely dependent upon the couples’ and/or hosts’ wishes and can be significantly influenced by the style and location as much as the hopes and dreams, but always create some of the most cherished memories.

Speeches be delivered as a block, one after the other, before dessert or in staggered intervals between courses or dances.

  • The traditional line up of speeches/activity is as follows:
    1. Grace before entre is served, led by the MC, a Minister or an appointed person
    2. Before the main course, the Host or MC proposes a Toast to the Queen, if appropriate.
    3. The Master of Ceremonies (MC) welcomes everyone and introduces the bridal party on their arrival into the wedding reception.
    4. Toast to the Bride and Groom made by the Host (traditionally Father of the bride if his family has paid for the wedding).
    5. Response by the Groom and/or Bride who then offers a Toast to the Bridal Party; bridesmaids and groomsmen. Bride & groom might also choose to offer a toast to each other.
    6. The Best man then responds on behalf of the Bridal Party and then offers a toast to the Bride’s Parents.
    7. Response by the Bride’s Father (or a family member) who then offers a toast to the Groom’s Parents,
    8. Response by the Groom’s Father.
    9. Best Man or MC reading of ‘telegrams’ (emails, SMS, Tweets, Facebook posts etc..).
    10. The MC closes the speeches by thanking everyone, and announces the cutting of the cake.
    11. Cake is cut, followed by the Bridal Waltz (or first dance of choice)

·     SPEECHES & TOASTS: Do we need to plan the speeches and toasts?

It is always polite to thank and toast the special people who made the event possible.

The wedding toasts and speeches are traditionally an important highlight of the reception that is an opportunity to offer thanks, good wishes, congratulations and of course, tributes.

A good speech can bring tears of laughter, joy or empathy & appreciation but the order and number are entirely dependent upon the couples’ and/or hosts’ wishes and can be significantly influenced by the style and location as much as the hopes and dreams, but always create some of the most cherished memories.

Planning out the speeches and who will give them, ensures a smooth flow to the reception and ensures no important people are left out. Setting a time limit on each speech also ensures there is time for other fun stuff to occur.

Statutory Declaration: Can a foreign notary public witness a statutory declaration?

A notary (also known as a notary public or public notary) takes oaths, signs and witnesses documents for use within Australia. A notary also performs similar functions in respect of international documents.

If you are outside Australia, an Australian registered notary can witness a Commonwealth statutory declaration. A notary public who does not have a connection to Australia cannot witness a Commonwealth statutory declaration. A notary public must be appointed in Australia under their local state or territory legislation to be able to witness Commonwealth statutory declarations.

Statutory Declaration: Can a lawyer without a practicing certificate witness a statutory declaration?

The list of authorised witnesses includes a person who is on the roll of the Supreme Court of a state or territory, or the High Court of Australia, as a legal practitioner (however described). The Statutory Declarations Regulations 1993 do not stipulate that a legal practitioner must hold a practicing certificate in order to witness Commonwealth statutory declarations.

Statutory Declaration: Can a nurse witness a statutory declaration?

Nurses who are currently licenced or registered under a law of an Australian state or territory to practise are included on the list of authorised witnesses for Commonwealth statutory declarations.

Statutory Declaration: Can a person who has previously been on the list of authorised witnesses (eg a former Justice of the Peace or a retired teacher) witness a statutory declaration?

No.

A list of authorised witnesses for Commonwealth statutory declarations can be found under Schedule 2 of the Statutory Declarations Regulations 1993.

The title and occupation of a person included on the list must be current.

For example, while a teacher is included on the list of authorised witnesses, the teacher must be practising in order to witness a Commonwealth statutory declaration under this category. A retired teacher cannot witness a statutory declaration.

Statutory Declaration: Can a person who is authorised to witness a statutory declaration also certify documents?

As a NSW Justice of the Peace, I can Certify copies of documents but you should contact the organisation that requested the certified document to check who can certify it as they may have their own list.

The Commonwealth Statutory Declarations Act 1959 only authorises a person to witness a Commonwealth statutory declaration but the Act does not authorise that person to certify documents. It also does not provide a list of authorised witnesses for certifying documents.

In general, anyone who is shown an original document can certify that a copy of that document is a true copy. They do not have to hold any particular office or position.

Sometimes a law will specify who is allowed to certify a copy of a document for certain purposes. IN NSW, a Justice of the Peace can.

Statutory Declaration: Can a person who is authorised to witness a statutory declaration also witness signatures on other documents?

The Attorney-General’s Department does not produce guidelines on the requirements for witnessing signatures on other legal documents. Generally, however, a witness should:

  • be 18 years old or older
  • know the person whose signature they are witnessing or have taken reasonable steps to verify the person’s identity
  • not be a party to the document, and
  • if the document is a trust deed, not be a beneficiary of the trust.

Usually witnesses do not have to hold any particular office or position. However, sometimes a law will specify who is permitted to witness a signature on a document for certain purposes. You may wish to check with the relevant organisation that has requested the document to see if they have requirements or criteria regarding who may witness signatures for their purposes.

Statutory Declaration: Can a prison officer witness a Commonwealth statutory declaration?

A permanent employee of the Commonwealth, state or territory, or local government authority with more than five years of continuous service can witness Commonwealth statutory declarations.

If a prison officer meets these criteria, then that officer can witness Commonwealth statutory declarations.

Statutory Declaration: Can a statutory declaration be witnessed via webcam or Skype?

A Commonwealth statutory declaration must be witnessed in person while the person making the declaration signs the document. The purpose of this is so that the person witnessing the declaration can authorise and validate the identity of the declarant.

Statutory Declaration: Can fees be charged for witnessing a Commonwealth statutory declaration?

Yes.

There are no restrictions under Australian law preventing witnesses from charging a fee.

However, as a NSW Justices of the Peace, I like other Justices of the Peace, am prevented from charging a fee to witness a statutory declaration under the relevant state or territory codes of conduct.

Statutory Declaration: Can I draft my own statutory declaration form or make changes to the standard form?

To be used for a Commonwealth statutory declaration, a document must be in the prescribed form. It will be in the prescribed form if it contains all of the elements of a Commonwealth statutory declaration as required under the Statutory Declarations Act 1959 and Statutory Declarations Regulations 1993. As per regulation 3 of the Statutory Declarations Regulations 1993, the form of a Commonwealth statutory declaration includes the following:

  • the name, address and occupation of the person making the declaration
  • a statement that the declarant is making a declaration under the Statutory Declarations Act 1959
  • numbered paragraphs setting out the matter(s) that the declarant is declaring in numbered paragraphs, followed by the statement that, “I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.”
  • the signature of the person making the declaration
  • the place and date (day, month, year) that the declaration was made
  • the signature, full name, qualification and address of person before whom the declaration is made
  • notes in relation to a Commonwealth statutory declaration:
    • Note 1: A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of 4 years—see section 11 of the Statutory Declarations Act 1959
    • Note 2: Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959—see section 5A of the Statutory Declarations Act 1959.

Statutory Declaration: Can I make a statutory declaration in a language other than English?

It is at the discretion of the organisation requesting the statutory declaration whether additional requirements apply if a language other than English is used. There are no legislative or regulatory prohibitions on translating the content of the statutory declaration and transcribing it onto the form. You should check with the organisation requesting the statutory declaration whether they will accept a statutory declaration that has been translated by a third party, and whether they have specific requirements in relation to the translation.

Statutory Declaration: Can I make changes to a statutory declaration after it has been witnessed?

If a person wishes to amend a Commonwealth statutory declaration that has already been witnessed, each amendment needs to be made in front of the same witness, and both the declarant and witness need to initial each amendment.

To avoid confusion, the person may wish to complete a new statutory declaration and have it signed in the presence of an authorised witness.

The Attorney General recommends that you confirm with the organisation receiving the statutory declaration whether any requirements or time limits apply for adding or amending content to a completed statutory declaration.

Statutory Declaration: Can I revoke a statutory declaration?

There is no mechanism for revoking a Commonwealth statutory declaration. A Commonwealth statutory declaration remains valid only for as long as its content remains true and correct. If the matters declared in a statutory declaration change, a person may seek to make another statutory declaration and have it signed in the presence of an authorised witness.

Statutory Declaration: Can I submit my statutory declaration electronically or must I provide the original hard copy?

Where there is a legislative requirement for a Commonwealth statutory declaration to be made, they must be provided and stored by the relevant agency in hard copy, due to the current exemptions to the Electronic Transactions Act 1999 and Electronic Transactions Regulations 2000. However, organisations requesting statutory declarations that are not required by legislation have discretion in relation to whether they choose to accept declarations sent electronically.

Statutory Declaration: Can I witness my signature on my own statutory declaration?

No.

The Statutory Declarations Act 1959 states that a Commonwealth statutory declaration must be in the prescribed form which is located in Schedule 1 to the Statutory Declarations Regulations 1993. The prescribed form requires that a person making a statutory declaration sign the declaration in the presence of an authorised witness.

A person who is authorised to witness a statutory declaration is not able to witness their own statutory declaration.

Statutory Declaration: Can my family member or a person connected to the content of my statutory declaration also be a witness?

There is no prohibition against witnessing a Commonwealth statutory declaration if you have a connection with the content or declarant.

However, you may wish to confirm with the organisation requesting the statutory declaration whether they will accept a statutory declaration if it has been witnessed by a family member or a person connected to its content.

In NSW a Justice of the Peace cannot be a witness for a relative.

Statutory Declaration: Can you witness a Commonwealth Statutory Declaration?

Yes.

I am both an Authorised Commonwealth Marriage Celebrant and a NSW Justice of the Peace and so can assist with NSW Statutory Declarations and Commonwealth Statutory Declarations.

More information can be found on the external link to Commonwealth statutory declarations.

Statutory Declaration: How do I amend a statutory declaration and are there time limits?

Each amendment to a statutory declaration needs to be made in front of the same witness. The declarant and witness must initial each amendment. In some cases, a new statutory declaration signed in the presence of an authorised witness may be a less confusing option.

A Commonwealth statutory declaration remains valid for as long as its content remains true and correct. However, the receiving organisation or agency may be operating under specific laws or have an internal policy that imposes a time restriction on statutory declarations. Contact the organisation requesting the statutory declaration to clarify any time limits and requirements for adding or amending content to a completed statutory declaration.

Statutory Declaration: How do I make a statutory declaration when I am not physically able to sign?

A Commonwealth statutory declaration requires the signature of the person making the declaration (known as ‘the Declarant’) in the presence of an authorised witness. If the Declarant makes a mark where a signature is required, the authorised witness needs to certify that the mark is that of the Declarant by writing next to the mark:

‘I, being the person before whom this statutory declaration is made, certify that this mark was placed by [Declarant’s full name] on this statutory declaration in my presence.’

Statutory Declaration: Should a statutory declaration be typed or handwritten?

A statutory declaration may be typed or handwritten, but the signature must be completed in pen and signed in the presence of an authorised witness.

If the contents of the declaration are handwritten, this should also be in pen and not pencil. There is no specific legislative provision mandating this, but if pencil is used, details including the signature can be easily erased. You may also wish to check with the organisation receiving the declaration if they have any additional requirements.

Electronic or digital signatures are not permissible.

STATUTORY DECLARATION: Under what circumstances will I have to submit a Statutory Declaration in support of my NOIM and marriage?

Where a party is unable to ascertain all of the particulars required in the NOIM after reasonable inquiry, they should write ‘unknown’ in the appropriate space/s and in order to make the NOIM effective, they should also provide the authorised celebrant with:

  • a Statutory Declaration as to his or her inability to ascertain the particulars not included in the NOIM, and
  • the reasons for that inability,

before the marriage is solemnised.

Celebrants should not solemnise a marriage until a satisfactory statutory declaration is received.

However, a Statutory Declaration is not necessary for the information required on the NOIM under items:

 OLD NOIM NEW NOIM
9 11 Father’s name in full (If not known, write “unknown”. If deceased, add “deceased”)
10 12 Mother’s maiden name in full (If not known, write “unknown”. If deceased, add “deceased”)
11 13 Father’s country of birth (If not known, write “unknown”)
12 14 Mother’s country of birth (If not known, write “unknown”)
14 16 Year of each previous marriage ceremony (If known, give date)

At the ceremony, if an interpreter is present, it is the interpreter must complete the Statutory Declaration on the back of the certificate of faithful performance by the interpreter.

Statutory Declaration: What address do I need to provide on my statutory declaration?

An address for the purposes of a Commonwealth statutory declaration is defined in the Statutory Declarations Regulations 1993 as “the place at which, or through which, a person may be contacted, and includes a postal address, but does not include the person’s email address.” As such, a person (declarant or witness) is able to use either a home address or a work address on the statutory declaration form, provided they are able to be contacted at that address.

Statutory Declaration: What can I do if a statutory declaration has been incorrectly witnessed?

Commonwealth statutory declarations must be in the prescribed form and must be made before a prescribed person under the Statutory Declarations Act 1959. A statutory declaration that has not been made before a prescribed person will not be a valid statutory declaration. The significance of a statutory declaration that has been changed after it has been signed and witnessed would depend on the circumstances in which the statutory declaration was being used. We recommend that you speak to the organisation that has received the incorrectly witnessed statutory declaration or seek legal advice in relation to your particular circumstances.

Statutory Declaration: What information should be included in my statutory declaration?

If you have a query relating to the information requested by another organisation, contact that organisation to clarify their requirements.

Note also that the Attorney-General’s Department is unable to provide advice regarding the content of a statutory declaration.

Statutory Declaration: What requirements apply to attachments to statutory declarations?

If an attachment is included with a statutory declaration, it must be accurately referred to or cited in the statutory declaration.

The person witnessing the Commonwealth statutory declaration should be aware of the attachments but does not need to sign or read them.

For NSW Statutory Declaration, each item should be referred to as a annexure (e.g. Annexure A, B, C etc), and thee NSW Justice of the Peace will sign each attachment with the words “This is Annexure ‘X’, referred to in the Statutory Declaration of <name> witnessed by me …on <date>.

Statutory Declaration: What should I do if my statutory declaration goes over multiple pages?

Commonwealth statutory declarations are made in accordance with the Statutory Declarations Act 1959 and the Statutory Declarations Regulations 1993, and must be made in the form prescribed by the regulations and witnessed by a person authorised by the regulations. Otherwise, the legislation does not regulate the length or content of a Commonwealth statutory declaration. There is also no requirement that a statutory declaration be single sided. In the first instance, we recommend that you contact the organisation receiving the statutory declaration to see whether it has any particular requirements regarding multi-paged Commonwealth statutory declarations Commonwealth statutory declarations. Subject to any particular requirements of the receiving organisation, we suggest that at a minimum the following steps be taken to ensure accuracy and clarity of the information provided in the statutory declaration:

  • number each page of the statutory declaration consecutively
  • initial each page and have each initial witnessed.

Statutory Declaration: Who can witness my signature on a statutory declaration when I am outside Australia?

A Commonwealth statutory declaration can be made outside Australia, provided that it is witnessed by a person on the list of authorised witnesses who holds an official, administrative connection to Australia. For example, a doctor who is registered to practise medicine in Australia can witness a Commonwealth statutory declaration when they are overseas. A doctor who is registered to practise medicine in a country outside Australia cannot witness a Commonwealth statutory declaration.

Details of some authorised witnesses at an Australian Embassy, High Commission or Consulate are available from the Department of Foreign Affairs and Trade website. If you are unable to visit an Australian High Commission or Consulate, you may wish to contact them to find out if there is a person on the list of authorised witnesses that may be able to assist. Engaging an authorised witness overseas may attract a fee under the Consular Fees Act 1955.

SUIT: How do I choose my suit for my wedding?

The first thing to consider is that you are getting married, not going to a job interview.

Next; You want to look your very best for your bride; and you will have the photos for the rest of your life, so what you wear is not just a statement to your bride and your guests but also to your future self and to you future children.

Whilst you want individuality, the suit (or whatever you choose) should compliment the bride. That is, don’t wear an overpowering style and colour if she is in a plain dress.

To look good, it must fit well and you must feel comfortable.

Even a cheap acrylic suit will look good if it is a proper fit, but the same can’t be said for an expensive, ill-fitting suit.

The simplest and best is always a black, three piece, and you need to go for quality, so maybe paying a little more than usual for a quality woollen suit will help you look awesome.

The great thing about a black suit is that it contrasts beautifully with a white bridal gown or indeed any colour, and you can make it truly impressive by accessorising with the right shirt, tie, socks, lapels, pocket kerchiefs, cufflinks, shoes, etc.. On top of that, you will you get to wear it on other occasions as by simply changing to a business shirt, you are dressed for the boardroom, job interview or other important occasions.

If you want to go more casual, drop the jacket or the vest. You can even keep the vest but go to a casual shirt.

Another plus for a quality woollen suit is that it will insulate you from the weather so that if it is a scorcher of a day, the jacket will actually help keep you cool because it block the suns’ heat but if it is a cold, windy day, the jacket will help keep you warm.

  • Style – Contrast or Compliment
  • Quality
  • Colour (black is versatile)
  • Fit & Comfort
  • Accessories

SUIT: Should the Groom and Groomsman wear matching suits?

It used to be the fashion for the Groom and Groomsmen to all wear a similar rented suite that would be returned the next day but as a celebrant I have seen may wedding photos and can confidently say that it is always best if the Groom stands out.

This can be done in a variety or ways:

  1. Wear a different colour or cut
  2. Wear a more sophisticated or more elaborate flower or boutonnieres
  3. Wear a different tie, perhaps a different colour or a bow tie ion contrast to neck ties for the Groomsmen
  4. Wear a vest or waistcoat, perhaps even in a different colour.
  5. Change accessories such as socks, lapels, pocket kerchiefs, cufflinks, shoes etc..
  6. Reverse or contrast the colours of shirts & ties eg red shirt (matching bridal party) & white tie for groomsmen but white shirt & red tie for the Groom (that may not be your colour choice but you get the idea)

·     SURPRISE WEDDING: Can you not tell my partner we are getting married, I want to surprise him?

NO! Surprise weddings involve one of the parties to the marriage being ‘surprised’, either at or shortly before the ceremony.

The most popular scenario involves one member of a couple wishing to ‘surprise’ the other party by organising the marriage without their knowledge and then presenting them with the complete ceremony as a romantic gesture.

It is vital that an authorised celebrant is satisfied that both parties genuinely consent to the marriage.

If at any point a celebrant is unsure of the genuine consent of either party, the solemnising the marriage cannot take place and may even be stopped midway.

Under no circumstances should an authorised celebrant permitted to agree to perform a surprise wedding (refer to Part 12.1 of the Guidelines for further information on surprise weddings).

Authorised celebrants must not participate in such ceremonies. This is because there is no guarantee that the marriage will be valid.

Surprise weddings raise an important and unavoidable issue in relation to legal validity of the marriage.

It is best described as potentially placing undue pressure on the ‘surprised’ person to agree to the arrangement. Even if there is evidence that the person would previously have agreed to a marriage proposal, their consent must not be assumed. No person can be put under pressure to enter into a marriage and the pressures imposed by a ‘surprise’ wedding could place in doubt the validity of the marriage under section 23B of the Marriage Act 1961 (Cth), that is, that the person’s consent to the marriage was not a real consent because it was obtained by duress or fraud. For further information on the issue of consent please see Part 8.6 of the Guidelines.

·     TABLES & CHAIRS: Do I need to provide those, or do you?

We will need a table for the signing of certificates and, so it is always best that you provide them, but I do have a table available if needed, just make certain you let me know beforehand.

THEFT: Are homes broken into or items stolen during weddings & funerals and if so, what can I do to prevent this?

In Australia this seems to be quite rare but very sadly, burglaries do sometimes occur while families are attending weddings & funerals

Sometimes despicable criminals termed “Wedding thieves” or “Obituary Burglars”, read about services in online, in newspapers, social media posts, or other public notices, etc. and then target the home when they know the family will be away. This is not a new phenonium but in some other parts of the world, has grown as a problem.

You can protect your home in the same way that you might when going on holiday:

  • Don’t leave a note on your door, as this makes it obvious you’re not home.
  • Don’t leave keys under the mat or in a pot plant
  • Do have one or more trusted neighbours keep an eye on your home while you’re away at the service.
  • Do leave some lights and maybe radio or TV using an automatic timer to create the illusion that someone is home.
  • Do ask a neighbour to collect your mail or any packages you may receive while you’re gone.
  • Do have secure locks for all windows, doors & access points
  • Do activate video & alarm security if you have one

THEFT: Are wedding receptions, funeral homes, chapels and churches targeted during services and if so, what can I do to prevent this?

In Australia this is extremely rare but whilst it has happened, the thieves usually get caught.

Most Chapels now have video cameras and of course there are a number of people keeping an eye on activity (concierge, funeral director, photographer, Celebrant etc.)

Simple precautions can prevent theft:

  • Don’t leave valuables on display in the car and make sure you lock the car
  • Do have trusted friends look after your property (handbags etc) if you need to step away from them or if you will be distracted
  • Don’t leave valuables unattended on or under seats
  • Do keep valuables in view
  • Do ensure someone who is very responsible is in charge of the security of gifts

A thief in Melbourne was recently arrested after he was captured on video stealing a collection for the family at a funeral and in western Sydney cars were broken into while people were attending a service; and churches Australia wide are warned that thieves have been known to reach under seats to steal handbags during services. In 2016 a gang were specifically targeting weddings but were also eventually arrested.

·     TIME/PUNCTUALITY: If my invite says 3:00pm,  do I get there at 3:00pm or 3.30?

If your invitation says 3:00pm, and you are a guest, you should arrive no later than 2:40pm or earlier to give you at least 20 minutes to park, find your position and freshen up so that you are be ready and in place at 3:00pm as the bride walks down the aisle.

If you are the Groom, arrive an hour before so that you can welcome the guests.

Depending on the venue, if you are the bride, and everything is ready, no later 15 minutes before.

The guests, venue & staff, vendors and their staff and even the Celebrant may have other responsibilities and it may be very costly to delay them. If your venue has other bookings, you might even be asked to leave if the ceremony runs over time because you arrived late.

·     TIME: How long will the ceremony go for?

That depends entirely on what you want to include, done or be said.

On average, a satisfying and enjoyable ceremony runs for about 30 – 45 minutes, or even up to an hour.

My shortest ceremony has been about 20 minutes and the longest, which included two ministers, myself as lead Celebrant and a lot of Bollywood dancing, lasted a wonderful 2 hours or more. No one cared how long as it was too much fun.

The shortest possible ceremony satisfying only the legal requirements and including nothing more than the two witnesses, can take as little as 12 minutes however no one in all my years has ever sincerely asked for that. It would be a very cold and probably unsatisfying ceremony. Even ceremonies in hospitals where oxygen masks and medical attention is on call, take longer.

The length can extend of course if there are multiple readers, and there are other inclusions such as cultural inclusions, various rituals and maybe songs and/or dance.

·     TRANSPORT: How should our wedding party travel to the reception?

We bet you and your groom planned a perfect ceremony exit where you hop into a vintage hot rod and ride off to the reception. That sounds great, but yes, you’re responsible for getting your wedding party there too. If you’re going casual and want them to simply drive over, let everyone know this beforehand so they can carpool. Otherwise, organize some transportation ahead of time.

UNITY: We have been together for 30 years but how can we include the adult son of my bride in our SSM Ceremony even though she, his biological mother does not want to be ‘given away and he thinks of me as his “other mother”.

First thing to do is ask him what he would like to do as he might already have an idea but be shy about coming forward.

You could all consider his being a Witness, Usher, performing a Reading, being the Man of Honour, taking party in a ring warming; perhaps presenting the rings, or even making an epic introduction of his two Mums, at the end of the Ceremony.

Another option is the creation of a keepsake flower presentation to both brides, with individual bunches of flowers representative of each mum’s personality, so that both bunches of flowers combine in a vase as one beautiful display (but add 1 artificial flower of each type to be kept for anniversaries).

You’ll find a few other ideas on these links:

VALIDITY OF THE MARRIAGE: Why is it important to establish that the proposed marriage is valid?

This very question is covered in section 8.1  of the Guidelines for Marriage Celebrants.

A valid marriage changes the legal status of the parties to the marriage.

This has potentially far-reaching implications for the parties which include:

  • official identity documentation –
    • a married person can obtain official identity documentation, such as an Australian passport, in their married name (subject to the Australian Passport Office rules)
  • financial arrangements –
    • provisions in the Family Law Act 1975 (Cth) regulate how the married couple’s financial arrangements will be determined should they separate
  • inheritance of property –
    • marriage invalidates any will made by either party to the marriage prior to the marriage (unless the will is made in contemplation of the particular marriage).
    • Also, dissolution of marriage may revoke, or otherwise affect the operation of, the will of a party.

An authorised celebrant must be satisfied that a proposed marriage will be valid at all times prior to the conclusion of the marriage ceremony.

WHAT ARE THE CONSEQUENCES FOR THE AUTHORISED CELEBRANT AND THE COUPLE IF THE MARRIAGE IS NOT VALID OR IF THE AUTHORISED CELEBRANT BELIEVES IT MAY NOT BE VALID?

The authorised celebrant may have committed an offence.

  • Under section 100 of the Marriage Act it is an offence for a person to solemnise a marriage or purport to solemnise a marriage if he or she has reason to believe there is a legal impediment to the marriage or it would be void. (For further details on the offence in the Marriage Act please refer to Part 11 of the Guidelines. )
  • The Registrar of Marriage Celebrants may also take disciplinary measures against a Commonwealth-registered marriage celebrant. (See Section 39 of the Marriage Act)
  • One of the negative consequences for the couple may be that they have to apply to the Family Court for a declaration as to the validity of their marriage.
  • They may also have to go through a second marriage ceremony under section 113 of the Marriage Act 1961 (Cth) (see Part 10 of the Guidelines).
  • A valid marriage usually invalidates any existing will.
  • The position of each member of the couple and members of their families may be considerably affected if a marriage is not valid.

Each of these processes can be stressful, expensive and difficult for the couple (not to mention the Celebrant).

VEIL: What is the origin of the Bridal Veil.

The intention of the Bridal or Wedding Veil covers some part or all of the head, hair and/or face.

The wearing of a Bridal Veil has a mixed and long history through Europe, Asia, and the Africa continent and with exploration and migration, spread back and forth across the world.

in Judaism, Christianity and in Islam, the purpose of the veil generally was not so much to obscure as to offer a ‘shield’ from evil including demons and the eyes of sinful men.

The practice of veiling is commonly associated with women but in some cultures it is the men, rather than women, who are expected to wear a veil. Notably In some parts of India, Pakistan, Bangladesh, and Nepal, men wear a sehra on their wedding day, which is a male veil covering the whole face and neck and made from flowers, beads, tinsel, dry leaves, or coconuts or fresh marigolds. The groom wears this throughout the day concealing his face and then arrives at the ceremony on horseback but does not remove the veil until the end of the wedding ceremony.

In the middle ages though, apart from the religious significance, in arranged marriages, a bride would wear a facial veil until the end of the ceremony, in part so that the bride would not be rejected on the basis of her looks.

The lifting of the facial veil may then be ceremonially recognized as the crowning event of the wedding, when the beauty of the bride is finally revealed to the groom and the guests while the groom lifting the veil to reveal the bride’s face in order to kiss her, also symbolises the groom’s right to enter into conjugal relations with his bride.

By the 19th century, wedding veils came to symbolize a woman’s piety, virginity and modesty and this included the covering of the hair.

Besides its enduring religious significance signifying purity, modesty and piety, veiling continues to play a role in both religious and civil weddings.

The tradition of a veiled bride’s face continues even today wherein, a virgin bride, especially in Christian or Jewish culture, enters the marriage ritual with a veiled face and head, and so remains fully veiled, both head and face, until the ceremony concludes.

After the full conclusion of the wedding ceremony, either the bride’s father lifts the veil giving the bride to the groom who then kisses her, or the new groom lifts her face veil in order to kiss her, which as mentioned earlier, symbolizes the groom’s right to enter into conjugal relations with his bride.

The veil is now worn more as a design style and so that when the bride arrives at her groom’s side, her father, escort, the bride, the groom or a lead bridesmaid, lifts the veil to reveal the beautiful bride to her groom before others can see her radiant face at the start of the ceremony.

·     VEIL: When should I take off my veil after the ceremony?

Everyone loves to talk about the veil, but nobody tells you exactly when to ditch it. While it’s perfectly okay to wear the veil for the entire reception, there are two optimal times to take it off. The first is after the ceremony (have your hairstylist show a bridesmaid how to do this without messing up your ‘do), and the second is after the first dance while your guests are eating. Once the veil’s off, stick it in your bridal suite or have it “decorate” your chair.

·     VEIL: Who lifts my veil?

There are two options.

    • One is your dad lifts the veil when presents the bride, “revealing” the bride to the groom.
    • The other is for the groom to lift the veil just before the kiss.

Depending on your hairstyles and how the veil is attached, the assistance of the Matron of Honour may be called for.

 

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·     VENUE: How do we find the best venue?

You will find a list of options for Venues on my Venues tab.

Selection depends on a number of factors including the size & style of your wedding, your tastes, your preferred location, transport & access, and of course, your budget.

VENUE: How far in advance of my wedding, should I book a venue?

There are so many variables. I’ll try to narrow down the options.

  • POPULAR VENUES

If it is a popular, commercial, wedding venue it is not uncommon to book 12-18 months in advance, unless there is a cancellation. Some may even require longer.

At some popular sites, depending on the size of your party, many larger venues can hold more than one function at a time.

  • PARKS & HALLS

However, if it is a park, beach, community hall or club, you may be able to book in only weeks or perhaps a few months in advance.

  • BACKYARD

For a back yard weddings, that is entirely up to you.

  • SEASONS

Spring tends to be the busiest time, followed by Autumn and Summer and finally Winter and so if you want a Winter wedding, you will have more options and flexibility and maybe even a lower price.

N.B. You will find a list of options for Venues on my Venues tab.

VENUE: How much time should I book at a venue, for my wedding?

That depends entirely upon what you have included in your ceremony and any extra activities you have planned.

The actual Ceremony may run from 20 minutes to an hour, however you might need to book for set-up & preparation time, any extra time needed for  photographs, greetings etc. or even for an on-site the reception etc.

Time should also be allowed for dismantling and removal of the set-up.

The quickest set-up time I have had is about 5 minutes and the longest was about 40 minutes where decorations and equipment had to carried across a field.

Once your Ceremony script has been agreed upon, I can advise you on how long it will run, how much set-up & take-down time is required but you will be in control of other aspects such as the time your vendors (photographer, decorator etc.) require.

·     VENUE – Parks & Beaches: Are there bathrooms/toilets at outdoor spaces such as parks, beaches and gardens?

Not always. Best to visit the site and check.

Even if there are toilets, it is wise to also check with the local council that the toilets will be open at the time of your ceremony

You will finds a list of options for Venues on my Venues tab.

·     VENUE – Parks & Beaches’ Permits: Do I need a council permit to hold my ceremony in a park, beach or public place?

Maybe. Best to check with the local council.

You will finds a list of options for Venues on my Venues tab.

·     VENUE: What do I need to know about venue contracts?

Make a list of what you require and then balance that against the contract.

    • What exactly does the fee cover & is it refundable?
    • Make sure it includes set-up & take-down you have?
    • Are there any additional charges like coat check, valet parking etc.
    • Are there any exclusions?
    • Where & in what condition are the change rooms & toilets?
    • is there sufficient parking?
    • what back-up is there in inclement weather?

You will find a list of options for Venues on my Venues tab.

·     VISA: My visa runs out the day after the wedding. Will I have the certificate in time?

The turnaround time for NSW BDM marriage certificates is 4-10 days.

You should contact the Department of Immigration and Border Protection for Visa information.

Three marriage certificates are signed at the ceremony, but this questions refers to the additional Certificate of Registration, which is a certificate available from the Birth, Deaths & Marriages upon processing of the submitted certificate and additional evidence of valid marriage that is generated prior to, and at the ceremony.

Section 50 of the Marriage Act 1961 (Cth) requires the authorised celebrant to prepare and sign the following three marriage certificates for each marriage he or she solemnises:

    1. the Form 16 official certificate of marriage, which is sent to the relevant BDM for registration purposes (discussed further in Part 6.1 of the Guidelines)
    2. the second Form 16 official certificate of marriage kept by the authorised celebrant or the church (discussed further in Part 6.2 of these Guidelines), and
    3. the Form 15 certificate of marriage, which is given to the parties (discussed further in Part 6.4 of these Guidelines).

The Form 16 official certificate of marriage, No Impediment to Marriage Declaration, and the NOIM, are all submitted to the relevant of Birth, Death & Marriages (BDM) for registration purposes. Once processed, a new certificate confirming the registration, is issued by the BDM and there may be variation in processing time. It is that additional certificate that you will require for name change, passport and visa applications.

It is highly unlikely that you will have the registration certificate within 24 hours.

Processing begins when they have received your complete and correct application including required copies of identification.

The NSW BDM can provide a priority service at an additional fee, but normal processing times are 4-10 days.

As I register NSW marriages on-line, if the marriage takes place in NSW, I can lodge the documentation online and usually have the certificate back, usually with 2-5 business days but there can be delays in processing and/or postage.

·     VISA: What is a Marriage Visa?

As a marriage celebrant, I cannot provide advice on migration matters. Section 280 of the Migration Act 1958 states that a person who is not a migration agent must not give immigration assistance. Heavy penalties apply.

You should contact the Department of Immigration and Border Protection for Visa information.

According to the Department of Immigration and Border Protection, a Prospective Marriage visa (subclass 300) allows people to come to Australia to marry their fiancé. If you are granted this visa, you should marry your fiancé and apply for a visa before your Prospective Marriage visa (subclass 300) expires.

Please see that Department of Immigration and Border Protection website under Prospective Marriage visa (subclasses 300) for up-to-date information.

The documents you need to provide can be found on the Department of Immigration and Border Protection website under “Follow these steps”.

Eligibility:       You must:

      • intend to marry
      • have met and know your prospective spouse
      • be at least 18 years of age.

Length of stay             ​Nine months

Cost From $AUD7,000

From 18 November 2017, Prospective Marriage visa (subclasses 300) applications must be lodged online, via ImmiAccount.

Refer to the Department of Immigration and Border Protection’s ‘frequently asked questions (FAQs)’ page for further information.

Couples may also seek the advice of a registered migration agent for information on applying for marriage visas.

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VOWS: Can I change the legal vows?

There is limited capacity to change the vows

Couples may wish to personalise the minimum vows. However, it is important to be aware that legally there is limited capacity to change the vows. The safest course of action is to use the wording in the Marriage Act.

The following wording substitutions and changes are acceptable given the inclusion of ‘words to that effect’ in subsection 45(2):

    • ‘call upon’ may be changed to ‘ask’
    • ‘persons’ may be changed to ‘people’
    • ‘thee’ may be changed to ‘you’
    • ‘husband’ or ‘wife’ may be changed to ‘spouse’
    • ‘persons here present’ may be changed to ‘everyone here’ or ‘everybody here’ or ‘everyone present here’ or ‘everybody present here’, or
    • the couple may leave out either ‘lawful’ or ‘wedded’, but not both.
    • The following changes to the minimum words are not acceptable:
    • ‘family and friends’ cannot replace ‘persons here present’ or ‘everyone here’, and

As an example, the vows could read:

‘I ask everyone here to witness that I, A.B., take you, C.D., to be my wedded wife/husband/spouse.’

Under subsection 45(2), marrying couples can make a personal choice about the terms to be used in their marriage vows that best reflect their relationship.

Accordingly, the term, ‘partner in marriage’ falls within the phrase ‘words to that effect’ and can be used in the vows instead of ‘husband’ or ‘wife’ or ‘spouse’.

Couples wishing to personalise their vows further are able to lengthen their vows by adding their chosen wording after saying the minimum words (so long as any material added does not contradict the minimum vows).

In this sense, the minimum words are the starting point from which personalised vows can be constructed.

See: Marriage equality: Questions and answers on sex and gender – May 2018 [PDF 858KB]

VOWS: Can I make up my own vows?

The minimum vows set out in the Marriage Act are very important and not complying may give rise to concerns about the validity of a marriage.

The safest course of action for authorised celebrants solemnising marriages is to avoid any such issues by complying with the guidance on the vows set out below.

While a couple is entitled to rely on the certificate issued by the relevant State or Territory BDM as evidence that the marriage was registered and that it was solemnised in accordance with the vows in section 45, that does not mean that non-compliance with the requirements for vows may not become an issue for a couple in individual cases.

While the married couple may gain reassurance from the BDM marriage certificate, serious consequences may follow for an authorised celebrant who has not followed the requirements.

Couples may wish to personalise the minimum vows. However, it is important to be aware that legally there is limited capacity to change the vows. The safest course of action is to use the wording in the Marriage Act.

The following wording substitutions and changes are acceptable given the inclusion of ‘words to that effect’ in subsection 45(2):

  • ‘call upon’ may be changed to ‘ask’
  • ‘persons’ may be changed to ‘people’
  • ‘thee’ may be changed to ‘you’
  • ‘husband’ or ‘wife’ may be changed to ‘spouse’
  • ‘persons here present’ may be changed to ‘everyone here’ or ‘everybody here’ or ‘everyone present here’ or ‘everybody present here’, or
  • the couple may leave out either ‘lawful’ or ‘wedded’, but not both.

The following changes to the minimum words are not acceptable:

  • ‘family and friends’ cannot replace ‘persons here present’ or ‘everyone here’, and
  • ‘partner’ cannot replace ‘husband’ or ‘wife’ or ‘spouse’.

As an example, the vows could read:

‘I ask everyone here to witness that I, A.B., take you, C.D., to be my wedded wife/husband/spouse.’

Under subsection 45(2), marrying couples can make a personal choice about the terms to be used in their marriage vows that best reflect their relationship.

Accordingly, the term, ‘partner in marriage’ falls within the phrase ‘words to that effect’ and can be used in the vows instead of ‘husband’ or ‘wife’ or ‘spouse’.

Couples wishing to personalise their vows further are able to lengthen their vows by adding their chosen wording after saying the minimum words (so long as any material added does not contradict the minimum vows). In this sense, the minimum words are the starting point from which personalised vows can be constructed.

VOWS: Can I use the term ‘partner in marriage’ in the vows?

Yes. As of April 2018, you can use the term ‘partner in marriage’ in your vows.

Subsection 45(2) of the Marriage Act sets out the vows required to be said by each of the parties to a civil marriage ceremony (where the authorised celebrant is not a minister of religion).

As part of the legislative amendments that provided for marriage equality, the vows for use in a civil marriage ceremony were amended to expressly provide that parties to a marriage may elect to use the gender neutral term ‘spouse’ in their vows.

This term was added as an additional option; the terms

  • ‘husband’ or
  • ‘wife’, or ‘
  • words to that effect’,

also continue to be available for use by parties when stating their marriage vows.

Under subsection 45(2), marrying couples can make a personal choice about the terms to be used in their marriage vows that best reflect their relationship.

Accordingly, the term, ‘partner in marriage’ falls within the phrase ‘words to that effect’ and can be used in the vows instead of ‘husband’ or ‘wife’ or ‘spouse’.

The Attorney-General’s Department is currently (May 2018) reviewing its Guidelines on the Marriage Act 1961 for marriage celebrants; guidance on the words to be used in the vows for a civil ceremony is provided in those guidelines. A revised copy will shortly be available for consultation on the department’s website. Guidance on ‘words to that effect’ will include reference to ‘partner in marriage.’

See: Marriage equality: Questions and answers on sex and gender – May 2018 [PDF 858KB]

VOWS: Can the couple personalise the vows?

Couples may wish to personalise the minimum vows. However, it is important to be aware that legally there is limited capacity to change the vows. The safest course of action is to use the wording in the Marriage Act.

The following wording substitutions and changes are acceptable given the inclusion of ‘words to that effect’ in subsection 45(2):

  • ‘call upon’ may be changed to ‘ask’
  • ‘persons’ may be changed to ‘people’
  • ‘thee’ may be changed to ‘you’
  • ‘husband’ or ‘wife’ may be changed to ‘spouse’

‘persons here present’ may be changed to ‘everyone here’ or ‘everybody here’ or ‘everyone present here’ or ‘everybody present here’, or

the couple may leave out either ‘lawful’ or ‘wedded’, but not both.

The following changes to the minimum words are not acceptable:

  • ‘family and friends’ cannot replace ‘persons here present’ or ‘everyone here’, and
  • ‘partner’ cannot replace ‘husband’ or ‘wife’ or ‘spouse’.

As an example, the vows could read:  ‘I ask everyone here to witness that I, A.B., take you, C.D., to be my wedded wife/husband/spouse.’

Under subsection 45(2), marrying couples can make a personal choice about the terms to be used in their marriage vows that best reflect their relationship.

Accordingly, the term, ‘partner in marriage’ falls within the phrase ‘words to that effect’ and can be used in the vows instead of ‘husband’ or ‘wife’ or ‘spouse’.

Couples wishing to personalise their vows further are able to lengthen their vows by adding their chosen wording after saying the minimum words (so long as any material added does not contradict the minimum vows). In this sense, the minimum words are the starting point from which personalised vows can be constructed.

VOWS: Can we personalise the vows?

Couples may wish to personalise the minimum vows. However, it is important to be aware that legally there is limited capacity to change the vows. The safest course of action is to use the wording in the Marriage Act.

The following wording substitutions and changes are acceptable given the inclusion of ‘words to that effect’ in subsection 45(2):

  • ‘call upon’ may be changed to ‘ask’
  • ‘persons’ may be changed to ‘people’
  • ‘thee’ may be changed to ‘you’
  • ‘husband’ or ‘wife’ may be changed to ‘spouse’

‘persons here present’ may be changed to ‘everyone here’ or ‘everybody here’ or ‘everyone present here’ or ‘everybody present here’, or

the couple may leave out either ‘lawful’ or ‘wedded’, but not both.

The following changes to the minimum words are not acceptable:

  • ‘family and friends’ cannot replace ‘persons here present’ or ‘everyone here’, and
  • ‘partner’ cannot replace ‘husband’ or ‘wife’ or ‘spouse’.

As an example, the vows could read: ‘I ask everyone here to witness that I, A.B., take you, C.D., to be my wedded wife/husband/spouse.’

Under subsection 45(2), marrying couples can make a personal choice about the terms to be used in their marriage vows that best reflect their relationship.

Accordingly, the term, ‘partner in marriage’ falls within the phrase ‘words to that effect’ and can be used in the vows instead of ‘husband’ or ‘wife’ or ‘spouse’.

Couples wishing to personalise their vows further are able to lengthen their vows by adding their chosen wording after saying the minimum words (so long as any material added does not contradict the minimum vows). In this sense, the minimum words are the starting point from which personalised vows can be constructed.

See: Marriage equality: Questions and answers on sex and gender – May 2018 [PDF 858KB]

VOWS: Do I have to say ‘obey’?

Certainly not (unless you wish to).

The tradition of vowing to “Love, Honour and Obey”, dates to when Brides were considered to be a possession.

VOWS: We are the same sex, and so can we both be brides/grooms?

It is up to each party to decide which option they want to use to describe themselves.

See: Marriage equality: Questions and answers on sex and gender – May 2018 [PDF 858KB]

VOWS: What are the ‘Legal Vows’, or words in Subsection 45(2) of the Marriage Act?

Subsection 45(2) of the Marriage Act sets out the vows required to be said by parties to a civil marriage ceremony (where the authorised celebrant is not a minister of religion).

From 9 December 2017, the vows were changed to reflect the curent definition of marriage:

  • 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 spouse).

This allows marrying couples to make a personal choice about the terms to be used in their marriage vows that best reflect their relationship.

Subsection 45(2) of the Marriage Act sets out the vows required to be said by each of the parties to a civil marriage ceremony (where the authorised celebrant is not a minister of religion). As part of the legislative amendments that provided for marriage equality, the vows for use in a civil marriage ceremony were amended to expressly provide that parties to a marriage may elect to use the gender neutral term ‘spouse’ in their vows. This term was added as an additional option; the terms ‘husband’ or ‘wife’, or ‘words to that effect’, also continue to be available for use by parties when stating their marriage vows. Under subsection 45(2), marrying couples can make a personal choice about the terms to be used in their marriage vows that best reflect their relationship.

Accordingly, the term, ‘partner in marriage’ falls within the phrase ‘words to that effect’ and can be used in the vows instead of ‘husband’ or ‘wife’ or ‘spouse’.

These minimum wording of the vows must be included in the ceremony.

They are the minimum words which must be exchanged by the couple to ensure that they fully understand the nature of the ceremony and that they are marrying each other.

VOWS: What are the consequences if the requirements of Section 45 are not satisfied?

Section 48 of the Marriage Act states that in certain circumstances a marriage not solemnised in accordance with Part IV Division 2 of the Act will be invalid. Subsection 48(2) of the Act sets out a number of exceptions to section 48, but section 45 is not included in the list of exceptions.

This means that if the authorised celebrant is not a minister of religion, (that is me as a Civil Celebrant) and the ceremony does not satisfy the minimum requirements of subsection 45(2), namely the exchange of vows as specified in the Marriage Act, the marriage is likely to be void.

Likewise, if the authorised celebrant is a minister of religion the ceremony must be a form and ceremony recognised as sufficient by the religious body concerned or the marriage may be void. It is therefore very important that authorised celebrants comply with the minimum requirements of section 45 in relation to the ceremony.

[1] See paragraph 119(3)(i) of the Marriage Act

VOWS: What must be done with the saying of vows in situations where a person is unable to speak?

Subsection 45(2) of the Marriage Act requires each party to say the vows to each other.

If the party is able to say the vows then he or she should do so.

However, if he or she is not able to do so for exceptional medical reasons (for example, the party has had a stroke or has a tracheotomy, leaving him or her unable to speak), it is sufficient that they communicate the vows by another means that is understood by the other party to the marriage, the authorised celebrant, the two witnesses and those present.

The medical circumstances must be exceptional and long-lasting in nature.

If a party to a marriage communicates in a sign language, such as Aslant, they may say their vows using that sign language. For information on use of interpreters in this situation see Part 5.9 of the Marriage Act Guidelines for Celebrants.

VOWS: What names should be used in the vows (meaning of the terms ‘A.B’ and ‘C.D’)?

Commonwealth-registered marriage celebrants (other than ministers of religion), and State and Territory Officers, should use the parties’ full names at some stage during the ceremony, preferably early in the ceremony, for the purpose of legal identification of the parties. The full name of the parties will be the names recorded in the NOIM.

Where full names (as they appear in the NOIM) have been used earlier in the ceremony, it is not necessary for surnames to be used in the minimum vows. This is because the identity of the parties to the marriage has already been established. Couples may choose to use their first, or first and middle, names only.

Nicknames alone should not be used for the vows. However, shortened names or nicknames may be added to the names used in the vows. For example, ‘…I, Elizabeth Jane (Liz), take you, Peter John (Buddy)…’. Nicknames may be used elsewhere in the ceremony, on the condition that full legal names have been used earlier in the ceremony.

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VOWS: When do I get to say, “I do”?

In a Civil Ceremony, you can say ‘I do’ before or after the legal Vows, but not in place of the legal vows.

Each of the parties to the marriage must say the minimum legal vows to each other.

A ‘question and answer’ form of the vows is not contemplated by the Marriage Act for non-religious marriage ceremonies. It should not be used as a substitute for the couple stating the vows set out in the Act. For example, the authorised celebrant should not say, ‘A.B., will you take C.D., to be your lawful wedded wife?’, with the response from the bride or groom of ‘I do’. The inclusion of a ‘question and answer’ segment in the ceremony would need to be in addition to the formal vows required by the Act being spoken by each party.

VOWS: Who must say the vows?

Each of the parties to the marriage must say the vows to each other.

In a Civil Ceremony, A ‘question and answer’ form of the vows is not contemplated by the Marriage Act for non-religious marriage ceremonies.

It should not be used as a substitute for the couple stating the vows set out in the Act.

For example, the authorised celebrant should not say:

‘A.B., will you take C.D., to be your lawful wedded wife?’, with the response from the bride or groom of ‘I do’.

The inclusion of a ‘question and answer’ segment in the ceremony would need to be in addition to the formal  (legal) vows required by the Marriage Act being spoken by each party.

VOWS: Why is using the minimum vow wording so important?

The minimum vows set out in the Marriage Act are very important and not complying may give rise to concerns about the validity of a marriage.

The safest course of action for authorised celebrants solemnising marriages is to avoid any such issues by complying with the guidance on the vows set out below.

While a couple is entitled to rely on the certificate issued by the relevant State or Territory BDM as evidence that the marriage was registered and that it was solemnised in accordance with the vows in section 45, that does not mean that non-compliance with the requirements for vows may not become an issue for a couple in individual cases.

While the married couple may gain reassurance from the BDM marriage certificate, serious consequences may follow for an authorised celebrant who has not followed the requirements.

·     WEATHER: Should I have a weather contingency plan, if my wedding is to be outdoors?

Definitely! Even if the weather charts predict fine weather, it is a wise couple that has a contingency plan in place. It may not be needed but this is after all, Australia where whilst the climate is generally moderate we can experience wind, rain, hail, heat, storms or even a combination of all in one day.

·     WEDDING CAKE – Are we supposed to smash the cake in each other’s faces?

No, not at all. This is very much a modern and perhaps temporary fashion.

Historically the bride cuts the cake to symbolize the loss of her virginity but now Bride & Groom cut the cake together as one of their first acts as Husband & wife.

The bride holds the knife and the groom places his hand gently over hers as a symbol of support and guidance.

They then cut and remove the cake slices before the groom tenderly feeds a slice to his bride to demonstrate his commitment to providing for her.

The Bride then reciprocates to demonstrate her commitment to nourish him.  This tender and romantic act of affection and symbolic promise to forever assist & care for one another.

This symbolic act has however somehow evolved into couples shoving the cake for a bit of fun however, rather than a first act of unity, it might result in the couple first argument as husband and wife.

Once the bride and groom have fed each other, they then share their wedding cake with their guests as a gesture of good luck and affection.

·     WEDDING CAKE – What is the tradition?

In Roman and Medieval times, a stack of buns was used, and the groom would break bread over his bride’s head and then share the crumbs with their guests as a sign of sustenance and good fortune.

A Yorkshire tradition was for the bride to eat a small piece of bridal cake and then, throw the remainder over her head to ensure a life of wanting for nothing

Over the centuries the cake has evolved to multi-tiered cakes and more recently to combination cakes or different shapes, sizes and even components.

The Bride and Groom are guaranteed a prosperous life together if they can kiss over the three to seven tiers.

Although wedding cakes can be any colour, commonly the base colour should be white to represent purity (virginity) and so the ‘wedding cake’ was traditionally referred to as the “bride’s cake.” In Victorian times, white icing was very expensive and so a white cake was also highly desired as a symbol of social standing, importance and wealth. Rather than ‘virginity’, these days the white has come symbolise the new beginning and the purity of love.

A more modern fashion, is for wedding cakes to match the bridal dress and/or bouquet, in colour and design.

Historically the bride cut the cake to symbolize the loss of her virginity but now Bride & Groom cut the cake together as one of their first acts as Husband & wife.

The bride holds the knife and the groom places his hand gently over hers as a symbol of support and guidance. They then cut and remove the cake slices before the groom tenderly feeds a slice to his bride to demonstrate his commitment to providing for her. The Bride then reciprocates to demonstrate her commitment to nourish him.  This tender and romantic act of affection and symbolic promise to forever assist & care for one another, has however evolved as a ‘fun’ phenonium or fashion for some couples to shove the cut slice cake into the partners face and might result in the couple first argument as husband and wife.

Once the bride and groom have fed each other, they then share their wedding cake with their guests as a gesture of good luck and affection.

Note that the lower level only is cut, and that others, such as the caterer or family members, commonly slice the remained & distribute the cake, with the exception of the top layer which is preserved for the couples’ first anniversary or their first child’s Christening, whichever comes first.

The cake cutting is commonly followed by the first dance.

You will find a list of suppliers on my Helpful People page.

·     WEDDING CAKE: What are wedding Cake Charms?

Like Christmas puddings, there was a custom of baking charms (symbolic trinkets) into wedding cakes, but guests need to be warned of this to avoid choking or injury. Probably for both hygiene and safety, this was replaced with a ribbon surrounding the cake so that the charms can readily and easily be removed without risk. There are ten traditional cake charms:

    1. Anchor, airplane, car or carriage, for travel & adventure
    2. Clover or Horseshoe for good luck
    3. Flower for new love
    4. Heart for true love
    5. Highchair for the arrival of children
    6. Purse for wealth
    7. Ring for the engagement
    8. Rocking Chair for long life
    9. Wedding bells for the marriage
    10. Wishing Well so that all dreams & wishes may come true

You can find suppliers on my Helpful People page.

·     WEDDING CAKE: What is a Groom’s cake?

A forgotten tradition in the United Kingdom, in early USA, around the time of the Civil War, there was also a Groom’s Cake, a tradition which is still practiced in the southern states of the USA but not commonly elsewhere. The Groom’s Cake is usually chocolate, but can be other flavours, and is decorated or designed to represent the groom’s hobbies, interest, pastimes, or individual tastes and these days is often representative of his favourite sports teams.

The wedding cake is traditionally a fruit cake which includes alcohol in its ingredients as a preservative. Properly sealed in a cake tin or airproof wrappings, the cake can be frozen and will last for a considerable time unless of course it contains creams which will not last.

One tradition that dates back about 300 years, is that after the wedding cake is sliced, it is often distributed in decorative waxed paper bags. This is so guests can take a slice home and it is claimed that a person sleeping with a piece of wedding cake under their pillow will dream of their future partner that night.

You can find suppliers on my Helpful People page.

·     WEDDING PLANNER: What exactly does a wedding planner do?

While I, as the Celebrant, will write and conduct the actual Ceremony, the Wedding Planner will work with you to create a theme and design for anything form the reception to the entire event (from start to finish).

All planners will coordinate the wedding day logistics performing tasks such as instructing vendors including florists, decorators and caterers, and will be working to a schedule.

Many planners will also design the entire event while others may only work with the reception venue. If you choose to do use a wedding planner, make certain that you read your contract thoroughly to see what is and what is not included.

You can find vendors on my  Helpful People page..

·     WEDDING PLANNING: Is it hard planning a wedding?

Depending on the size and style of wedding, it can be a great deal of work.

There will be many decisions to make and many negotiations to resolve and so if you are not accustomed to making a great many decisions within the pressure of a time frame, you may find it stressful. It might be helpful to have a look at the checklist I prepared.

The more decisions you make early, the easier it will be to stick to a specific theme and plan.

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·   WITNESS: Do my witnesses need to be Australians?

No, just have to be present and be able to understand the events occurring.

Under section 44 of the Marriage Act, a marriage may not be solemnised unless at least two persons are present at the ceremony who are, or appear to the person solemnising the marriage to be, over the age of 18 years. These are the persons who will sign the marriage certificates in their capacity as the witnesses to the marriage. When completing the marriage certificates, the witnesses to the marriage should record their names in full, including any middle names.

The object of requiring the attendance of witnesses is that their evidence will be available to establish the identity of the parties or to testify as to the circumstances in which the ceremony was performed. It is therefore desirable that the witnesses know the parties to the marriage. Arranging for the attendance of witnesses at the marriage ceremony is the responsibility of the parties to the marriage. The authorised celebrant is not responsible for providing witnesses and should be cautious if such a request is received from the parties.

Each of the parties to the marriage, the two witnesses and the authorised celebrant must sign all three marriage certificates. This must occur immediately after the solemnisation of the marriage.

The signatures should be the usual signatures of the persons. The parties should sign in the same manner as they did on the NOIM. Care should be taken to see that the signatures of each party accords with the names as set out in the body of the certificate. Where a discrepancy appears by reason of the use of a particular form of signature, the words ‘usual signature’ should be added beside the signature. Where there appears to be a likelihood that difficulty may occur in deciphering a signature, the names should be added in pencil, preferably in block letters.

If either of the parties or the witnesses is unable to write, a mark may be made by the person as follows:

[Name – e.g. John X Brown]

[His mark]

[Name of witness to the mark]

Any of the persons present (over the age of 18) may witness the mark. The person witnessing the signature or mark must actually be present and witness the signature or mark.

WITNESS FEES: Can a Celebrant charge for the service of procuring witnesses to a marriage.

Basically, there is no provision in either the Marriage Act 1961 or Marriage Regulations 2017 that prohibits charging a fee but it is important that marriage celebrants avoid both actual and potential conflicts of interest and benefits to business, so that they can properly fulfill their duties as a marriage celebrant.

The object of having the two witnesses is:

  • their evidence will be available to establish the identity of the parties or
  • they can testify as to the circumstances in which the ceremony was performed.

It is therefore desirable that the witnesses know the parties to the marriage and so, arranging for the attendance of witnesses at the marriage ceremony is the responsibility of the parties to the marriage.

This of course means that the authorised celebrant is not responsible for providing witnesses and should be cautious if such a request is received from the parties.

However the question is “Can a Celebrant charge for the service of procuring witnesses to a marriage?” and so to explain my comments above, here is firstly what the Guidelines indicate: 5.8 WITNESSES

Under section 44 of the Marriage Act, a marriage may not be solemnised unless at least two persons are present at the ceremony who are, or appear to the person solemnising the marriage to be, over the age of 18 years.

These are the persons who will sign the marriage certificates in their capacity as the witnesses to the marriage.

When completing the marriage certificates the witnesses to the marriage should record their names in full, including any middle names.

The object of requiring the attendance of witnesses is that:

  • their evidence will be available to establish the identity of the parties or
  • to testify as to the circumstances in which the ceremony was performed.

It is therefore desirable that the witnesses know the parties to the marriage.

Arranging for the attendance of witnesses at the marriage ceremony is the responsibility of the parties to the marriage.

The authorised celebrant is not responsible for providing witnesses and should be cautious if such a request is received from the parties.

Now, secondly, onto the further explanation.

The Guidelines in essence, indicate that if the couple has asked the celebrant to help find ‘impromptu’ witnesses to their marriage, there is no provision in either the Marriage Act 1961 or Marriage Regulations 2017 that prohibits this however the following the points should be considered:

  • In cases, such as those travelling from overseas who do not have witnesses available, it remains the responsibility of the couple to arrange witnesses as it is desirable that the couple know the witnesses as the evidence of witnesses may be critical in establishing the identity of the parties or testifying as to the circumstances in which the ceremony was performed.
  • The persons signing the marriage certificates must be, or appear to be, over the age of 18 (section 44 of the Marriage Act).
  • The Celebrant charging a fee to the wedding party to provide witnesses could be seen as a potential conflict of interest and a Commonwealth-registered marriage celebrant must avoid a conflict of interest between their work as a celebrant and their other business interests and other interests (paragraph 39C(2)(e) of the Act).
  • It is important that marriage celebrants avoid both actual and potential conflicts of interest and benefits to business, so that they can properly fulfill their duties as a marriage celebrant.
  • A marriage celebrant who provides additional non-celebrancy services to a couple they are marrying may find it difficult to refuse to perform the ceremony on the day (such as when a party cannot give real consent, or another legal requirement cannot be met) and so it is essential that the Celebrant provide couples with a choice about whether or not to purchase additional services which will include agreement up front with couples as to what arrangements will be followed if a legal impediment meant the marriage could not be solemnised on the planned wedding day.

Finally, in summary, the answer is yes, a  Celebrant can charge for the service of procuring witnesses to a marriage but has to be certain that the object & purpose of the witnesses is satisfied and that there is no conflict of interest.

·     WITNESSES: Can my Mum be a witness?

Yes of course.

The object of requiring the attendance of witnesses is that their evidence will be available to establish the identity of the parties or to testify as to the circumstances in which the ceremony was performed. It is therefore desirable that the witnesses know the parties to the marriage. Arranging for the attendance of witnesses at the marriage ceremony is the responsibility of the parties to the marriage.

·     WITNESSES: Who can be witnesses?

Under section 44 of the Marriage Act, a marriage may not be solemnised unless at least two persons are present at the ceremony who are, or appear to the person solemnising the marriage to be, over the age of 18 years. These are the persons who will sign the marriage certificates in their capacity as the witnesses to the marriage. When completing the marriage certificates, the witnesses to the marriage should record their names in full, including any middle names.

The object of requiring the attendance of witnesses is that their evidence will be available to establish the identity of the parties or to testify as to the circumstances in which the ceremony was performed. It is therefore desirable that the witnesses know the parties to the marriage. Arranging for the attendance of witnesses at the marriage ceremony is the responsibility of the parties to the marriage. The authorised celebrant is not responsible for providing witnesses and should be cautious if such a request is received from the parties.

·     WITNESSES: Why can’t my underage children be witnesses?

If the children are under the age of 18 years they cannot sign the certificate.

Under section 44 of the Marriage Act, a marriage may not be solemnised unless at least two persons are present at the ceremony who are, or appear to the person solemnising the marriage to be, over the age of 18 years. These are the persons who will sign the marriage certificates in their capacity as the witnesses to the marriage. When completing the marriage certificates, the witnesses to the marriage should record their names in full, including any middle names.

If they are over the age of 18 years, and acting as one of the two witnesses, they may sign the certificate in that capacity but not if under 18.

·     WITNESSES:  Can I have three or more witnesses?

Everyone present at the Ceremony gives witness to your marriage but only two people over 18 are permitted to sign the legal documents.

The certificate is an official certificate of the marriage and additional material must not be placed on it.

The two witnesses are the official legal witnesses to the marriage under law and their presence serves a legal purpose. That purpose is to be able to swear in court, or elsewhere, as to the identity of the parties or to testify to the circumstances in which the ceremony was performed, including the date and place.

Adding other names to an official certificate serves to confuse this important matter.

If couples request additional signatures on the parties’ certificate an authorised celebrant should explain that it is not possible because it is an official certificate and the two witnesses serve an official purpose.

Similarly, additional signatures should not be added to the back of the Form 15 (Ceremonial) certificate.

Under section 44 of the Marriage Act, a marriage may not be solemnised unless at least two persons are present at the ceremony who are, or appear to the person solemnising the marriage to be, over the age of 18 years. These are the persons who will sign the marriage certificates in their capacity as the witnesses to the marriage. When completing the marriage certificates, the witnesses to the marriage should record their names in full, including any middle names.

The object of requiring the attendance of witnesses is that their evidence will be available to establish the identity of the parties or to testify as to the circumstances in which the ceremony was performed. It is therefore desirable that the witnesses know the parties to the marriage. Arranging for the attendance of witnesses at the marriage ceremony is the responsibility of the parties to the marriage. The authorised celebrant is not responsible for providing witnesses and should be cautious if such a request is received from the parties.

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 ©2018 Copyright -A Life Celebrant- Lou Szymkow

If you have a question that is not covered here, Call me and I will do my best to assist you.

You will also find interesting and useful information on other tabs including:

The main reference sources for information relating to questions on legal aspects of marriage on this page are:

 

 

  • Copies of legislation and regulations which can be viewed online or downloaded from ComLaw.

 +61 (0) 457 00 1922    lou@alifecelebrant.com.au

www.alifecelebrant.com.au

All content is for general assistance only and is not purported to be legal or expert advice of any kind. Let me know of there are any errors or omissions, and I’ll correct/update.

©2017 Copyright -A Life Celebrant- Lou Szymkow
©2018 Copyright -A Life Celebrant- Lou Szymkow

© 2018 Created by Lou Szymkow, A Life Celebrant – unless other wise stipulated, all content of this page and on this entire webpage is written for the purposes of copyright; © Copyright 2017, © Copyright 2018, Created by Lou Szymkow,  for A Life Celebrant–Lou Szymkow, www.alifecelebrant.com.au,

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