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Legalities

LEGALITIES PRIOR TO THE CEREMONY

Prior to your wedding taking place, you will need to complete a Notice of Intended Marriage Form (NOIM) at least one calendar month prior to your wedding date. The form can be lodged with me up to 18 months in advance of the Wedding.

You will also need to sign a declaration stating that there is no legal impediment to your marriage.  This can be done approximately two weeks prior to your wedding date.

The documents you need to supply are:

- If born in Australia ~ your Original Birth Certificate (If you need a copy please contact Births Deaths and Marriages in the State that you were born).

- If born abroad ~ your Original Birth Certificate or Overseas Passport.

- If either of you have been previously married then your Original Divorce Decree papers or Death Certificate of a previous spouse. (If you need a copy of your Divorce Paper please contact the Family Law Court in the State you were Divorced).

- Any documents in a foreign language must be translated into English and aTranslation Certificate supplied.

Witnesses

You are required to have two witnesses who are both over the age of 18 present to sign the Marriage Register and Certificates.

LEGALITIES DURING THE CEREMONY

Section 46 of the Marriage Act 1961 sets out certain words (also known as the Monitum) that must be used by a marriage celebrant in solemnising a marriage.

MONITUM

“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 therelationship into which you are about to enter.”

“Marriage, according to law in Australia, is the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.”

All three sentences are required to be said, before witnesses, in every marriage ceremony conducted by a Commonwealth registered marriage celebrant and said before the vows are exchanged.

 

Variations to the Monitum

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

Variation

“I am legally registered to solemnise marriages according to law.”  Or

“I am the registered marriage celebrant authorised to solemnise this marriage accordingly 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.”

Variations

·       changing ‘solemn’ to ‘serious’ or ‘formal’

·       changing ‘binding’ to ‘permanent’

·       changing ‘nature’ to ‘promise’, or

·       changing ‘now about to enter’ into ‘formalising’ or ‘sealing’ or ‘binding’, or

·       changing ‘these witnesses’ to ‘everyone here’ or ‘everybody here’

 

NB:  ‘these witnesses’ cannot be replaced to ‘family and friends’ as that may not encompass everyone present.

 

“Marriage, according to law in Australia, is the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.”

NO variations permitted to the above sentence.

The third sentence is the legal definition of marriage in Australia therefore the words cannot be changed.

VOWS

As per subsection 45(2) of the Marriage Act 1961, the vows must be included in the ceremony.  They are the minimum words which must be exchanged by the couple in the presence of witnesses.

“I call upon the persons here present to witness that I, (Name), take thee, (name) to be my lawful wedded wife (or husband)”

Variations to the Vows

“I ask everyone her to witness that I, (name) take you (name) to be my wedded wife (or husband)”

·       ‘family and friends’ cannot replace ‘persons her present’ or ‘everyone here’

·       ‘partner’ cannot replace ‘husband’ or ‘wife’ or ‘spouse’

·       ‘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 ‘everybody present here’

·       ‘lawful’ or ‘wedded’ may be left out but not both.