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Legal requirements |
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Weddings: What you need to know before you get married
· Under Section 41 of the Marriage Act the marriage must be performed by, or in the presence of, a celebrant or a minister of religion who has been authorised by the Attorney-General’s Department. · Under Section 44 the ceremony must be attended by two witnesses over the age of 18 years, who are known to the bride and groom. · Section 112 states that an interpreter may be present to translate the ceremony if either of the couple being married does not understand English. This interpreter must be a person other than a party to the marriage and must provide a statutory declaration confirming their ability to converse in the language in respect of which he or she is acting as interpreter. · I need to receive a completed Notice of Intended Marriage from you at least one month and one day prior to your wedding. Under unusual circumstances this period can be shortened – ask me about it if this is the case. Once your notification has been received you have 18 months to proceed with the ceremony before another notification is required. · You can download the Notice of Intended Marriage by going to the link above and clicking on the relevant line. (This is for your information only – I can provide the form when we see each other) Please do not sign or date it before our first meeting as I need to witness your signatures. · At least one of you must be over 18 - under Section 12 of the Marriage Act, if one of you is over 16 but under 18 you need a special court order before a marriage can proceed. · If either of you has been married before, under section 23B of the Marriage Act a divorce absolute decree or a death certificate must be produced as evidence that you are no longer married. · For further information on government legislation relating to getting married, go to: http://www.ag.gov.au/www/agd/agd.nsf/Page/MarriageGetting_Married |