"No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it." ~ Theodore Roosevelt ~

There are some strict legal requirements that must be observed in wedding ceremonies according to the Marriage Act 1961. It's my job to ensure these are included in every marriage ceremony.

The Celebrant's Authority

Within the wedding ceremony, the Celebrant must declare their authority to solemnise the marriage according to Australian law.  This must be stated before the couple makes their vows of marriage to each other.  This requirement is referred to by many celebrants as "The Monitum from the Marriage Act" or by its other name, "The Celebrant's Authority".

I incorporate "The Celebrant's Authority" into the ceremony just prior to the vows, and this is also the part of the ceremony where I introduce myself to the guests (I don't start my ceremonies by telling people who I am, like many of my colleagues). The words I use are from Section 46(1) of the Marriage Act, adapted slightly as follows:

"It is with great honour that I, Sharon Leigh Norris, an accredited, registered civil marriage celebrant duly authorised by law to solemnise marriages according to law, stand before you, (name of Bride and Groom), to solemnise your marriage according to the laws of Australia.

Before I ask you to join together in marriage in my presence, and in the presence of these Witnesses, I am bound to remind you of the solemn and binding nature of the relationship into which you are both 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 Legal Vows of Marriage

The Bride and Groom must say some specific words as part of their marriage vows in accordance with Section 45(2) of the Marriage Act 1961. These "legal vows" are known amongst some celebrants as "The Awful Vows" for reasons that will become apparent as you read on! All couples must state within their wedding ceremony the following vows:

"I call upon all persons here present to witness

That I, (full name of Bride/Groom),

Take you, (full name of Groom/Bride),

To be my lawful wedded (husband/wife)."

Yuk, indeed! But a necessary part of your wedding, unfortunately! It's the law.

Couples can choose to say anything else they like to supplement these vows, but the legal vows must be stated by each party to the marriage. If you attend a wedding today where the Celebrant doesn't declare their authority and or the couple do not state the legal vows as written above, the validity of the marriage could be challenged. At the very least, the Celebrant could face serious disciplinary measures for not doing their job as required by the Federal Government.

Witnesses

In Australia, the Marriage Act 1961 requires that a wedding ceremony must take place in the presence of the solemnising registered Celebrant and two witnesses aged over 18 years. The witnesses have a very important role because without their presence and involvement in the ceremony (hearing the celebrant declare their authority and the couple state their legal marriage vows, and signing the marriage paperwork afterwards), the marriage would not be valid.

IMPORTANT NOTICE

A recent development in relation to witnesses should be noted, as it is quite important: the Federal Attorney-General's Department now requires celebrants to ensure that official witnesses to marriages do actually know the couple so those witnesses could confirm the identity of the parties to the marriage if ever a question about identity arose in the future.

This creates problems for people wanting to elope who do not have anyone they know with them to be able to confirm their identity. Should this situation arise, please talk to me about what options may be available.

Interpreters For Couples/Witnesses Who Do Not Understand/Speak English Fluently

As I only conduct my ceremonies in the English language, the couple and their witnesses must be able to understand the English language sufficiently to comprehend what they are listening to (the ceremony and legal vows) and what they must sign (the official marriage paperwork).

If either party to the marriage or their witnesses do not understand English fluently, an interpreter must be engaged to ensure that the non-English speaking persons understand their legal obligations in participating in a marriage ceremony.

Whilst there is no restriction on who may interpret at ceremonies, other than those immediately related to the couple not being permitted to do so, I would prefer that an official, accredited interpreter is engaged so that I can be confident that the words I am saying are being faithfully interpreted for the benefit of the couple/witnesses who need the information. The validity of the marriage depends upon the couple and witnesses fully comprehending what is taking place and being able to participate as required, and I will not put myself in the position of conducting an invalid marriage (for which I may be prosecuted) because of a failure on the part of the interpreter to do the job properly.

I have worked successfully with accredited interpreters in ceremonies where the Bride, Groom or witnesses have required language assistance, and have met all obligations in this respect to ensure the marriages were valid in accordance with Australian law.

Should you require an interpreter for your wedding ceremony or witnesses, you can search for a local-area interpreter via the website for the National Accreditation Authority for Translators and Interpreters (NAATI) Ltd, at http://www.naati.com.au/.