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Celebrants have an obligation to advise you of the Legal Requirements for Marriage ..
Lodging Notice of your Intended Marriage
Within 18 months of your proposed marriage, and no later than one month prior to it, you must give a completed Notice of Intended Marriage Form to the Authorised Marriage Celebrant who is to conduct your marriage ceremony. As an Authorised Marriage Celebrant, I provide the necessary documentation.
You will need your birth certificates (originals), evidence of changes of name, passport and divorce (where applicable).
Shortening of Time
It is possible to shorten the minimum notice time for a marriage to less than a month if the special circumstances set out in the Marriage Regulations 1963 are met. You will need to approach a Prescribed Authority for approval. Prescribed authorities (usually your Local Court or Registry officials) can shorten the required period of notice if they are satisfied that the circumstances prescribed in the Regulations are met.
The categories of prescribed circumstances set out in the Regulations: -
- .Employment–related, or other travel commitments
- .Wedding or celebration arrangements, or religious considerations
- .Medical reasons Legal proceedings,
- .Error in giving notice.
The reason for wanting a shortening of time for notice must fall within one of these categories. There is no capacity to grant a shortening of time outside these circumstances. Shortening of time is not automatic.
When making a decision, the Registry of Births, Deaths and Marriages (BDM) or a prescribed authority will weigh up the information provided in support of your application and may seek additional information as outlined in the Regulations.
You should have the documentation that supports your request before approaching a prescribed authority.
Legal wording MUST be used by Authorised Celebrant
The following MUST be used in your ceremony to make it legally binding: -
- Your full name must be stated at least once.
- The celebrant must state The 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 the relationship into which you are now 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.’
The following or similar words to this effect must be used in the vows: - ‘I call upon the persons here present that I Bride/Groom take you Groom/Bride to be my lawful wedded Husband/Wife'.