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WRITING

 Legalities 

 

"The law is not a "light" for you or any man to see by;

the law is not an instrument of any kind.

The law is a causeway upon which so long as he keeps to it, a citizen may walk safely."

~ Robert Bolt ~

 

 

 

When a couple marries under Australian law, their legal status formally changes.  This is very important, because it affects other areas of their lives. Finances, property, children and Wills are just a few of the other areas that are affected by a change in a couple's legal status through the act of getting married.

 

Marriage celebrants provide the means by which couples can change their legal status.  We therefore have a serious role, sanctioned by Federal law, in ensuring that marriages are valid and that relevant local laws are upheld in the process of enabling couples to marry.

 

Click on the links to the left to find out some important things you need to know about getting married in Australia, including the current legal requirements, what things need to be said within the marriage ceremony, and much more.

 

It's important for you to know right from the start that many things that take place in modern Australian Anglo-Celtic weddings hark back to the long-held traditions of Christian religious weddings. Some of the things that may be considered traditional in a modern Australian wedding ceremony may not necessarily be a legal requirement of marriage and therefore, couples don't have to include traditional, non-legal elements in their ceremony if they don't want to.

 

Unfortunately, you may find that when you consult civil celebrants about their services, some will certainly insist on their couples adhering to a variety of "traditional" practices in their weddings despite our Code of Practice requiring us to give couples choices about what takes place in their ceremonies. Often, this is because some celebrants have an idealised view of the marriage ceremony replicating what they have seen in religious weddings, films or on TV. If you engage a celebrant that insists on you doing things in a particular way (and no other way), or makes you do things that you may not wish to do, simply because "that's the way it's done in weddings", then you should find yourself a new celebrant who thinks and acts quite differently. We are very lucky to have such a flexible marriage system in Australia that enables us to make real choices about how, when and where we may marry - unlike many other Western countries with more rigid marriage systems.

 

Examples of traditional elements of the modern Australian wedding ceremony that are not legally required include:

 

·         The Giving of the Bride (and sometimes the Groom) in Marriage

·         The "Asking Question" ("Do you take this person to be your husband/wife?")

·         The Exchange of Wedding Rings between husband and wife

·         The "Kiss" between husband and wife at the end of the ceremony.

 

You are very welcome to include these traditional elements in your ceremony, but you need to know they are not legally required.  This dichotomy perplexes people who want to have a traditional wedding with all the traditional ritual trimmings, but pleases the non-traditionalists who prefer to toss wedding tradition out the window.

 

By the same token, many civil weddings do incorporate religious elements within them. Again, these things may not be legally required but if that is what you want in your ceremony, you are most welcome to include them. 

 

IMPORTANT NOTICE:

 

The Asking Question is not a legal requirement because your signing the Form 13 Notice of Intended Marriage and the Form 14 (no impediment to marry) Declarations before the wedding has provided your consent to the marriage. However, if you do include the Asking Question in the ceremony, it is the one place where you or your partner absolutely cannot joke in your response. If you answer "no" or something of a negative nature inferring the same, you actually revoke your consent to the marriage. If the wedding proceeds after this happens, it takes the legal aspects of the ceremony into very grey territory as the celebrant can be accused of forcing the couple to marry after consent has been revoked. Severe penalties can apply to the celebrant.

 

Ceremonies By Sharon L Norris CMC, CPC

Phone: 0401 153 100 (all hours)
Email: info@sharonlnorris.com.au

See My Group "Ceremonies By Sharon L Norris CMC, CPC" On Facebook! 

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Servicing the areas of: Brisbane, Logan, Redlands, Ipswich and everywhere in-between

© 2010 Sharon L Norris. All rights reserved. (ABN Registered)

IMPORTANT NOTICE ABOUT PROMOTIONAL SLOGANS USED ON THIS SITE AND COPYRIGHT:

The terms "Simply Magic Ceremonies By Sharon L Norris" and "A Touch Of Magic To Your Special Day" are promotional slogans, not business trading names, as I operate under my own name. These slogans have been used since 2005 and 2008 respectively, and come from the fact that I share the same name as Filch's cat in the magical Harry Potter series, of which I am a huge fan. They are not registered terms. However, if any individual or business has an issue with me using these terms as part of my business operations, please contact me. Unlike Filch's cat, I will not bite or scratch...

 

With the exception of quotes by other authors, as duly identified, the text on this website is the intellectual property of Sharon L Norris and is covered by copy-right for my lifetime and 70 years beyond. This website is monitored by an internet plagiarism detection tool to stop people stealing my intellectual property. When I find people doing this, I will charge them a fee for using my work without permission, seek legal advice as copyright infringement is a criminal offence, and report registered marriage celebrants to the Federal Attorney-General's Department for breaching Section 4 of the Code of Practice for Marriage Celebrants (Regulation 37L).

 

Thank you for making the most

important day of my life

also the most wonderful!

Samantha (and Ian), Nudgee