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RECORDS: What records must an authorised celebrant keep?

RECORDS: What date should an authorised celebrant record on the record keeping form, for the Form 15 (decorative) certificate of marriage?

RECORDS: What should an authorised celebrant do if Form 15 (decorative) certificates of marriage are lost or stolen?

RECORDS: What is the purpose of authorised celebrants recording what happens to each Form 15 (decorative) certificate of marriage issued to the Celebrant?

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.

If this question didn’t interest you, there are 260 More questions answered on my webpage where you will find lots more interesting and useful information including:

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Have been researching some rituals and readings online and am continually surprised (though shouldn’t be by now), at the number of poems and readings that are attributed incorrectly, or have no author listed at all when with a simple web search, the author can usually be found quickly.

One reading that is recurrent on the list is the Apache Wedding Blessing.

It goes by different names and is often portrayed as being genuinely Native American but is actually from the 1947 novel Blood Brothers written by Elliot Arnold. It was also used in the 1950 movie, Broken Arrow, which was based on his book, but New Yorker, Elliot Arnold was not a Native American and so it is definitely not a traditional Native American blessing.

The next is Desiderata. You don’t hear it very often anymore but was very popular in the 1970’s and is still read at funerals. Promoted as being found in the basement of an ancient church and written by a Monk in 1692, was actually written in 1927 by American writer Max Ehrmann.

Both are nonetheless, excellent works.

Today though I was searching for a Polish wedding blessing and realised almost all of the supposed traditional Polish blessings I found on the web, were actually traditional Irish Blessings. Ireland does have a very large Polish presence but the Patron Saint of Poland is St Stanislaw, not St Patrick and I got quite a laugh picturing a toast to Guinness being made with a Vodka and I have difficulty enough speaking Polish, let alone with an Irish accent.

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Today I went to a store ready to make a $50 purchase but was so bombarded with noise from in-store announcements, a running on-screen add and loud music, that I could not concentrate on reading the product info to ensure I had the right item. Frustrated and annoyed, I walked out of that store and went to a competitor to make my purchase.

Retailers have known since the 1950’s that a relaxed and confident customer buys more, and that the decision to choose a product and to then purchase that product has an emotion response attached.

All that however seems to have been forgotten with three now common, but still absurd mistakes retailers make:

1. PRODUCT DISPLACEMENT

• Intent: This is where they move a product to another shelf or location so that the customer will search around and maybe impulse buy additional products
• Result: Can’t find the product, Customer leaves and goes another store.

2. CASH REGISTER PLACED AT CENTRE OF STORE

• Intent: Reduced staff, added security and so that the customer has less distance to the cash register and so is likely to buy more
• Result: The confused & frustrated customer cannot find the seemingly hidden cash register and so leaves the store either without the purchase or without paying for the item.

3. LOUD AND COMPETING MUSIC/SOUNDS

• Intent: Relax and entertain the customer to encourage a longer stay and increased purchases.
• Result: overwhelming and sometimes offensive noise resulting in the customer leaving without making a purchase, and worse still, not likely to return

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 listed in section 11.3 OFFENCES RELEVANT TO COUPLES, from page 112 Guidelines on the Marriage Act 1961 for Marriage Celebrants – July 2014.

• 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.

• Section 95 – 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 section 95 is imprisonment for five years.

• 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 $500 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 $500 or imprisonment for six months.

DAVE LOEW is an International cellist with an incredible spanning forty year and includes his performing in Australia and Britain with his albums selling  around the world.

DAVE has played the cello (which became a lifelong love and passion) from the age of six in one of the world’s toughest industries, that of a solo performer on commercial records. His many genres of music are drawn from his exotic family legacy of classical, jazz and dance artists. Dave’s formative ‘cello days were spent in Kenya, his birthplace near the Serengeti plains and the vibrant sounds of animal wildlife, both his parents were show business star personalities in London’s West End,who had migrated from a blitzed wartime London to start a new life in Nairobi.

DAVE has worked with many top London ensembles including the London Symphony Orchestra where Andre Previn acclaimed his solo playing for Previn’s world premiere of the musical Every Good Boy. He has also played in numerous, famous recording studios such as Abbey Road ,on major classical and pop albums over the years working with legends such as Elton John, Cliff Richard, Petula Clark, David Essex and opera stars such as Pavarotti, Sutherland and Caballe. He has also played solo ‘cello for shows in the West End and Australia, such as Andrew Lloyd Webber’s Cats and Song and Dance , for which he was lauded for his solo playing. Extensive playing was also part of Dave’s kaleidoscope of experience working for film moguls such as John Williams, Jerry Goldsmith, Henry Mancini and Roy Budd on such iconic movies as the original Superman, The Omen, Victor Victoria, James Bond, The 39 Steps, and many more.

You will find Dave, other musicians, and lots more Helpful People listed here

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:

A) Proof of date and place of birth (subsection 42(2)) – the authorised celebrant must use the BDM issued birth certificate.

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.

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.

**

More questions answered on my webpage where you will find lots more interesting and useful information including:

• Poetry & Readings
• Wedding Questions & Answers (over 200)
• Wedding Songs
• Weddings Ideas
• Funerals – Questions and Answers
• Music for Funerals & Memorials
• LINKS to very Helpful People
• Venues

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The short answer is Three.

The detailed answer follows and an explanation 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:

3. 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)
4. 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
5. 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. 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’.

The word ‘Monitum’ means caution or forewarning.

From 9^th 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 27 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.

• https://www.legislation.gov.au/Details/C2011C00192
• https://www.legislation.gov.au/Details/C2017A00129
• https://www.ag.gov.au/FamiliesAndMarriage/Marriage/Documents/Fact-sheet-Protections-for-ministers-of-religion-and-marriage-celebrants-with-religious-beliefs.pdf
• https://www.ag.gov.au/FamiliesAndMarriage/Marriage/Documents/Fact-Sheet-Changes-to-marriage-ceremony-requirements.pdf

Yes.

As long as the requirements of subsection 42(2) of the Marriage Act (i.e. completed NOIM signed by each of the parties and properly witnessed) have been met, I, as your Authorised Celebrant, can receive your NOIM (Notice of Intended Marriage) via email, no matter my location, in or outside of Australia.

However, please be aware that the following essential conditions must be met:

• The original identification documents must be sighted by me as the Celebrant before the marriage ceremony can take place.
• The NOIM must be submitted no earlier than 18 months before, and no later than one month before (unless of course, a shortening of time is granted by a Prescribed Authority),  your Ceremony

The marriage ceremony cannot take place unless these essential conditions are satisfied.

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.

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

They 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

**

When an authorised celebrant is approached by a couple to solemnise a marriage, the authorised celebrant must satisfy themselves that the marriage is not invalid by reason of any of the above grounds.

Each ground is further explored in detail in pages 92-103 of the Guidelines on the Marriage Act 1961 for Marriage Celebrants – July 2014

The main reference sources for information relating to questions on legal aspects of marriage are listed on my webpage:

• The Marriage Act 1961
• Guidelines On The Marriage Act 1961 For Marriage Celebrants
• Code of practice for Marriage Celebrants 
• Marriage Regulations 1963  (up until 31/3/2018) and
• Marriage Regulations 2017 (from 1/4/2018); 
• Marriage Act 1961 and Marriage Regulations 2017
• Newsletters issued by the Attorney General’s Department
• Fact sheets issued by the Attorney General’s Department
• Guidelines on conflict of interest and benefit to business for Commonwealth-registered marriage celebrants – Updated April 2018 [DOCX 189 KB]
• Guidelines on advertising for Commonwealth-registered marriage celebrants  – Updated April 2018 [DOCX 85KB]
• Maintaining your registration as a Commonwealth marriage celebrant – Updated April 2018 [DOCX 100KB]
• About the Marriage Celebrants Programme – Updated April 2018 [DOCX 98KB]
• Celebrants obligations when solemnising marriages – Updated April 2018 [DOCX 96KB]
• Complaints against a Commonwealth registered marriage celebrant – Updated April 2018 [DOCX 87KB]

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

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).

Many non-Christians mistakenly think that Christmas, is of the greatest importance to Christians as it is the celebration of the birth of Jesus, but it is actually Easter when people gather across the world in prayer to mourn the torture & death of Christ and to also Celebrate his Resurrection, their faith, forgiveness, reconciliation, and the miracle of life itself.

May all Christians have a happy & Holy Celebration.

and to all, Happy Easter

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:

• http://www.federalcircuitcourt.gov.au/wps/wcm/connect/fccweb/how-do-i/divorce/proof-of-divorce/fcc-proof-divorce
• My divorce was granted in Western Australia
• My divorce was granted outside of Australia
• My divorce was granted before 1976
• My divorce was granted after 13 February 2010
• My divorce was granted before 13 February 2010
• I need a copy of a divorce, but I wasn’t one of the parties involved in the divorce proceedings
• I need confirmation that I was not divorced at a certain date

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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You will need to call me to find out. My diary can fill quickly but there are 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.)

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.

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 the 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.

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:

• LINKS – Helpful People
• Wedding Songs
• Weddings Ideas
• Wedding Poems & Readings
• Music for Funerals & Memorials
• Venues

#weddingmusic; #weddingsongs; #marriageceremony

We are each impacted by grief at some point in our lives.

Forgive yourself for your feeling and other for their fear.

Your feelings and their fears are both real and important.

Talk to your friends and relatives. They may be frightened to open up to you and to have you open to them because they are frightened they will upset you and/or upset themselves but death is a part of life and something we must all come to terms with.

Grief has a process and if you ignore it, it will exacerbate. It was Elisabeth Kubler-Ross, who first identified and clarified the 7 Stages of Grief in her book “On Death and Dying” which may help you understand the wretched stranger called grief that inflicts us at a time of great loss; and the passage that we all go through to survive.

You can also ask for help from your own GP, the local Community Health Centres, Hospitals, Churches & Ministers of Religion, and a variety of Welfare Agencies.

You will find more information and a list of service providers, on my webpage (see the link below)

Grief & Loss

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.

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.

**

More questions answered on my webpage where you will find lots more interesting and useful information including:

• Poetry & Readings
• Wedding Questions & Answers (over 200)
• Wedding Songs
• Weddings Ideas
• Funerals – Questions and Answers
• Music for Funerals & Memorials
• LINKS to very Helpful People
• Venues

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The simple answer is no.

Authorised celebrants must not participate in ceremonies because there is no guarantee that the marriage will be valid.

Whilst I must adhere to strict privacy rules, both  you and your fiance’ must sign the NOIM and the No Impediment to Marriage Declarations; and so the information will be in view of each other however even if one party does not notice this on the forms, the failure to disclose can render the new marriage invalid because, like any contract,  informed consent is a prerequisite.

You must also provide proof that the previous marriage was dissolved.

A failure to disclose could place the validity of the new marriage in doubt as indicated in section 23B of the Marriage Act 1961 (Cth), the person’s consent to the marriage may not be a real consent if it is obtained by duress or by fraud.

For further information on the issue of consent please see Part 8.6 of the Guidelines to the Marriage Act for Marriage Celebrants.

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.

The anniversary of the loss of a loved one can evoke wonderful memories but can also result in a resurgence of pain & grief.

Processing can be challenging.

Whilst personal time of quiet contemplation. is often desired, isolation might not necessarily be spiritually beneficial and so this time might be better utilised as an opportunity for a family gathering, or a remembrance event so that your shared experience might offer some comfort and unity.

There are some options mentioned on my Helpful People  page  but here are some ideas you might consider:

I will be right beside you, to support you.

I’ll have a copy of the Eulogy or reading (one reason why you need to be sure I have been given a copy of anything to be said or read); and I will be ready to help you read if needed, or to even step in and take over.

These tips will help you continue:

• If you start to choke and find you cannot speak; pause & lift your chin, then take a slow deep breath.
  • when your chin is raised it closes the tear ducts and crying stops (hence the old expression of ‘chin-up’)
  • lifting your chin also opens your air-passage and you can take a deep breathe to regulate and control your breathing which oxygenates your blood stream and brain which serves to improve concentration and control
• don’t worry about your pauses because pauses are a part of communication and everyone will understand or be moved by the moment
• When ready, resume reading or speaking

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.

More questions answered on my webpage where you will find lots more interesting and useful information including:

• Poetry & Readings
• Wedding Questions & Answers (over 200)
• Wedding Songs
• Weddings Ideas
• Funerals – Questions and Answers
• Music for Funerals & Memorials
• LINKS to very Helpful People
• Venues

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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.

More questions answered on my webpage where you will find lots more interesting and useful information including:

• Poetry & Readings
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• Music for Funerals & Memorials
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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.

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.

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

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 🙂

****

More questions answered on my webpage where you will find lots more interesting and useful information including:

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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.

The term ‘husband’ can refer to a male marriage partner, and ‘wife’ to a female marriage partner, regardless of the sex or gender of the person saying the vows.

The term ‘spouse’ can refer to a male, female, intersex, non-binary gender or transgender person.

Subsection 45(2) requires that each party say to the other, in the presence of an authorised celebrant (who is not a minister of religion) and the witnesses, the words:

These words 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.

Balloon or Bubble Releases are a symbol of freedom and aspiration to encourage the couple’s spirit to bloom and grow, but there are legal restrictions on the type and number of balloons as well as environmental concerns.

If however the balloons are released inside a hall or chapel, they can be captured after the event and kept as mementos without environmental harm.

An environmentally safe balloon option is to securely tether the balloons so that they fly upward to form a floating arch, initials or a word, or perhaps a shape (heart)  that will stay for the entire event.

Another environmentally safe balloon option is the use of dancing inflatables.

A great alternative to balloons, is a battery operated bubble blowing machine that release bubbles made from harmless detergents and water and dissipate on impact, leaving nothing behind. Machines are available cheaply from party suppliers and from online stores.

There are many More questions answered on my webpage where you will find lots more interesting and useful information including:

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You can include one or more family members in a variety of ways.

Firstly, keep them involved in the decision  so that it is an inclusive action form the start. Ask what each would like to do as each might already have an idea but be shy about coming forward.

Adult members can be one or two Witness.

Others could be  Usher, Reading, Maid /Man of Honour, take party in a ring warming or even make an epic introduction of at the end of the Ceremony.

Other options are, a keepsake flower presentation to the couple, with the flowers representative of each parent’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 here:

• Unity – Candle Lighting. 
• Unity – Family Medallion ceremony. 
• Unity – Hand Tree. 
• Unity – Jigsaw.. 
• Unity – Rose petals. 
• Unity – Sand Ritual 
• Unity – Spices. 
• Unity – Stones, flowers & Objects. 
• Unity – Tree or garden planting. 

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.

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You will find a list of options for Venues on my Venues tab.

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.