There is so much uncertainty and confusion, and so many contradictions in information being provided from all sorts of directions. We have three tiers of government and information is not always consistent between them e.g. parks were open, then closed, then open and now closed in a space of 48 hours.
So as a Celebrant, and not a lawyer, I am going to try to answer 10 important questions about marriage and perhaps you can decide for yourself: Should I Get Married Now?.
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- Can I get married?
- How many guests can I have at my ceremony?
- Why get married?
- What are the advantages of marriage if we have been together for years, we don’t need a piece of paper to validate our love?
- What is the Marriageable Age in Australia?
- What happens if we are not married and my partner gets hospitalised?
- What happens if my partner dies and we are not married?
- Can you include religious content in our Ceremony if it is asked for?
- Do I have to be an Australian Citizen to get married in Australia?
- We undertook a Civil Union overseas; can we marry in Australia?
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1. Can I get married?
Yes, as long as you are two consenting persons who meet the eligibility criteria.
What are the eligibility criteria for marriage in Australia?
The simplest definition is; Two consenting people over the age of 18 who are not married to anyone else.
2. How many guests can I have at my ceremony?
There can only be 5 people, present at a wedding as it now stands. are:
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- Celebrant
- The couple
- Two witnesses who are over 18
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However, others can join in via video link and live broadcasting.
I’ve had an interstate guest perform a reading at a ceremony, and relatives in another country watch the entire ceremony on a big screen overseas.
3. Why get married?
Quite apart from the obvious proclamation of love, unlike defacto rights, a marriage offers equal protection under the law for the couple for both parties.
4. What are the advantages of marriage if we have been together for years, we don’t need a piece of paper to validate our love?
Rights for a couple in a de facto are not the same as for a married couple.
With a marriage, you are immediately the next-of-kin, giving protection under the law with regards property, assets, inheritance, insurances, medical care and so much more.
You are not the ‘next of kin’ if not married
5. What is the Marriageable Age in Australia?
The marriageable age in Australia is 18 and so at least one party must be over 18, and if the other is under 18, a court order and consents must be obtained.
6. What happens if we are not married and my partner gets hospitalised?
The ‘next of kin’ (such as parents or siblings) can have more rights to access the patient and make decisions about their care than a defacto partner, no matter how many years you have been together.
7. What happens if my partner dies and we are not married?
The ‘next of kin’ may have more rights than a defacto partner, no matter how many years you have been together. Even if there is a will, relatives may still have a claim upon the estate.
8. Can you include religious content in our Ceremony if it is asked for?
Yes, of course. It is your wedding, and so your choice, so long as the Marriage Act is no contradicted.
9. Do I have to be an Australian Citizen to get married in Australia?
No. You just have to be two consenting adults who satisfy eligibility for marriage.
10. We undertook a Civil Union overseas; can we marry in Australia?
A Civil Union is not recognised as a Marriage, even though there may be some similar rights. So as long as other eligibility criteria are satisfied, you should be able to marry in Australia.