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Congratulations
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you and your loved one are about to be married.
The Government Legalities for
Weddings
There are certain
regulations and legalities
that MUST be fulfilled under the provisions of the Marriage Act 1961,
and associated Regulations. Call me if you have any problems with this.
A copy of the Marriage Act may be downloaded from the link in the left
margin.
Notice Of Intended Marriage (NOIM):
At our initial discussion, we will complete the NOIM. This is
also available for download on the link in the left margin, or I will supply
you with a copy.
The NOIM can only be completed between 18 months and one
full calendar month
plus one day PRIOR to your wedding date .... that is,
if the NOIM is signed on 15th May, then you may be married on 16th June,
or if it is signed on 30th September, then the earliest wedding date is
1st November (one calendar month plus one day).
Both parties do not have to be present to sign at the same time, for example if one is
interstate or in the country, or overseas awaiting a VISA etc, then the other party can sign and formally
lodge the NOIM with me. The date lodged will be accepted as
being lawfully within the specified period, however, the other party MUST sign the NOIM
prior to the one month minimum notice period. If there is any
problem in the timing of signatures of either party, there is provision
for the NOIM to be witnessed by other Statutory Authorities
overseas or interstate. I will advise you of the specific requirements
in this regard.
Statutory Declarations:
In addition to preparing the NOIM, I will prepare and officially witness
a Commonwealth Statutory Declaration in accordance with the prescribed form,
made individually by both parties , declaring :-
(i) the party's conjugal status;
(ii) the
party's belief that there is no legal impediment to the marriage,
and
(iii)
such other matters as are prescribed.
Proof of Identity:
If your were born in Australia, I will need to sight your ORIGINAL Birth
Certificate (Full or Official Extract is satisfactory). You must be aged
at least 18 years, otherwise Parental and a Supreme Court Order will
be required. Anyone aged UNDER 16 years, is NOT permitted by law
to be married.
Photo ID is now also required as an extra form of Identification,
this can be your Driver's Licence, Passport, Employment ID, etc. If you
don't have any photo ID then there are other avenues we can pursue.
Born
Overseas:
Persons born overseas will need to produce their current Passport
or Australian Citizenship Certificate, this MUST show
their country, city and date of birth. Overseas Birth Certificate,
VISAS, and other official documents may also be required to be produced.
ORIGINALS of all documents are required, photocopies are NOT acceptable.
If they are in a foreign language they will need to be certified and
translated by an official translator. A specific Commonwealth Statutory
Declaration is also required in that regard.
If there are any problems with obtaining ORIGINAL documents from
overseas then we can discuss the various options and legalities.
Name Changes:
If you have changed your name by Deed Poll or Usage, even many years
ago, then a "Change of Name" certificate will be required in lieu
of a Birth Certificate. Changes of name by Deed Poll are no longer
acceptable. (These regulations were amended in August 2008).
The ONLY names which can now appear on the NOIM and therefore the
Marriage Certificate itself, are those which appear on your Birth
Certificate, or Change of Name Certificate.
Divorced or Widowed:
If you are Divorced or Widowed, AND you have kept your previous married
name, then you may use that name on the NOIM. That is the only
exception to these Government regulations, and to prove it I will need
to see the ORIGINAL Decree NISI or Divorce Certificate, or ORIGINAL
Certificate of Death, whatever is applicable.
The Marriage Certificates:
The NOIM is where it all happens, the beginning and the end, the
Alpha and the Omega. The details contained here is the basis of all of
the statistical information used by the Government authorities, both
State and Federal (Bureau of Statistics). What appears on the NOIM
will be printed EXACTLY onto the Marriage Certificates.
There are THREE original Marriage Certificates which are
prepared and officially authorised by me, and signed by you and
witnessed by two persons aged 18 years or over.
Firstly, the OFFICIAL WEDDING CERTIFICATE known
as Form 16 is prepared. This is usually prepared manually and as neatly as is
possible, however, I also have specific computer software templates
available to prepare this document. Together with the NOIM and Statutory Declarations,
THESE ARE THE DOCUMENTS WHICH ARE SENT TO THE REGISTRAR OF BIRTHS
DEATHS and MARRIAGES (BDM). IT IS THE ONLY
OFFICIAL RECORD THE GOVERNMENT RECOGNISES. When they arrive at the BDM,
The Marriage Certificate is given an official number and then it is
digitally scanned and entered into the records. The originals are forwarded to the
Federal Government statist, after which it is then archived.
Secondly, the next Marriage Certificate prepared is officially known as Form
15, and is also referred to as the "Party" or "Presentation" Certificate. This is
the Marriage Certificate which is given to you at the end of the
ceremony, together with a protective envelope. The bridal names are
usually previously typed to make it more attractive, but if it is ever
lost, damaged or destroyed, it can NEVER be replaced in the same form as
to how you have received it initially. This Certificate is NOT a
legal document as far as identity is concerned, it is
fundamentally a document which states that a marriage has taken place.
Finally the
third copy is kept by me in the hard cover "Marriage Register", and after six
years it may be destroyed (under the Statute of Limitations), however it
is most unlikely that it will ever be destroyed at all. All three Marriage
Certificates are initially prepared by me, and are signed by
yourselves at the appropriate time when the ceremony is almost
completed. They must also be signed by two adult witnesses. The
witnesses must be aged at least 18 years.
Certified Copy of Marriage Certificate:
If you later require a Certified copy of your Marriage Certificate,
(charges apply) the
BDM will use the Form 16 scanned copy of this for Certifying. Such a
document is later required for a Passport Application or a Driver's
Licence, or opening a Bank Account. It is imperative and in your
interests that accuracy is maintained throughout. Any errors in
names as compared to your Birth Certificate or Change of Name
Certificate will cause major problems for you, especially with Passport
applications and renewals.
Accuracy is Essential -
Documents MUST be Originals:
That is why we have to be extremely careful and accurate in what goes on
the NOIM, and is also one of the reasons why we need to sight ORIGINALS of all
documents - viz Birth Certificate, Change of Name Certificate,
Citizenship, VISAS, Divorce, Death certificates ALL HAVE TO BE
ORIGINALS. Photocopies are simply NOT acceptable. Some couples
object to having to pay the additional costs of providing these
originals, unfortunately these are the rules, and we all must strictly
adhere to them. They are there in your best interests and severe
penalties apply if the rules are not followed. I am not prepared to
proceed with the Marriage Ceremony if document originals, or official
substitutes such as Statutory Declarations and / or Court Orders in the
case of displaced migrants or refugees, are not produced.
Errors:
If there is a mistake discovered after the documents
have been sent to the BDM, even a single letter or a mis-spelled name,
that will be in the official records for ever. Subsequent alterations
and corrections are difficult, and are done manually by the BDM, the correction(s) is/are
recorded by a hand written note in the margin.
If you ever need a Certified copy of your Marriage Certificate, all
manual alterations will also be shown on that copy.
Shortened Time of Notice for NOIM:
Under the Marriage Act 1961, there is provision for shortening the
NOIM notice under specific circumstances. These relate ONLY to a serious
family illness, prior arranged overseas travel, work commitments. These
events will need to be fully documented with Travel Documents, Work
Contracts etc, and in the case of illness fully supported by Medical
certificates, and then presented to the Supreme Court for an
Order to waive the required one month notice. There is NO obligation
on the Court to grant permission, and each case is judged on its merits.
Enquiries in this regard may initially be made to the
Registrar of Births Deaths and Marriages (BDM) in your State, but please
dont waste your time going to the BDM WITHOUT the documentation as
mentioned, as you will be politely refused.
Better to liaise through me first so that we can get the required
documents together.
Other Legalities:
There may also be other issues affecting you which may come under
the Department of Foreign Affairs or Immigration issues, or other
Government Departments. You may require a letter or Statutory
Declaration from me stating my willingness and availability to officiate
at your ceremony on a certain date and time.
I will be able to determine if there is any area of concern at our
meetings, and will advise and assist you accordingly.
Delay in Producing Documents:
If there is a delay in obtaining the documents mentioned in the
above sections, they can be lodged with me at any time up to the wedding
date. Notwithstanding that the NOIM has been partially completed, the
wedding cannot proceed if the documents as listed have not been
produced.
Special
Notes (Monitum and Vows as laid down in the Marriage Act 1961):
In a Civil Marriage Ceremony,
the Monitum and Vows are the only actual part of the Wedding Ceremony
where you are legally married. These words must be heard by your
appointed witnesses, and as such form the basis of a legal marriage.
That is what your Witnesses are signing on the official documentation.
All other items, (Readings etc) is
by tradition and is optional, and as per your personal choice.
Some couples object to these
legalities (Monitum and Vows), but these are not able to be amended or
changed by the Celebrant. They are contained in the Marriage Act 1961
(Section 46). These are some of the “rules” under which a Registered
Civil Marriage Celebrant are appointed.
Enquiries in this respect may be
made to:
The Registrar of Marriage
Celebrants
Commonwealth Attorney-General's Department
Robert Garran Offices
National Circuit
BARTON, ACT 2600
Australia
Telephone: (02) 6141 3111
Facsimile: (02) 6141 3246
E-mail: marriagecelebrantssection@ag.gov.au
If these words are not stated
exactly as laid down in the Marriage Act, then the Marriage could later
be declared invalid.
If the couple refuse to say the
words during the ceremony when asked by the Celebrant at the appropriate
time, then the Celebrant must terminate the ceremony at that point, the
wedding cannot take place, and no legal marriage has occurred (AGs
Department ruling).
This wording is slightly different to a wedding
conducted by an ordained Priest or Minister of Religion, which utilise
the rites of the particular church instead
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Relationships:
There are other matters regarding relationships which I must legally
bring to your attention, and these are covered in the links to the left
of this page for your personal reference. I will give you a
brochure covering this, and if you want to discuss it further then that
can be arranged, but that is entirely up to you to decide.
Please contact me to arrange our obligation free first discussion.
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