To be legally married
in a civil ceremony in Australia you must both
make the legally required statement we tend to
refer to as the legal vows. This is the
statement that creates the legal contract of
marriage between you, and immediately changes
your status from not married to married.
So it can come as a surprise that there is
leeway for choice.
What
the Marriage
Act says
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Subsection
45(2) of the Marriage Act specifies that each
of you must say to the other
I call upon the persons
here present to witness that I, A.B. (or
C.D.), take thee, C.D. (or A.B.), to be my
lawful wedded wife (husband or spouse)’
or words to that
effect.
These words are the minimum words which must
be exchanged by the couple to ensure that they
fully understand the nature of the ceremony
and that they are marrying each other, so they
- Must be included in the ceremony
- Must be said by each of the marrying
couple to one another
- Must be said in the presence of an
authorised celebrant, who is not a minister
of religion
- Must be said also in the presence of two
adult witnesses
But there is leeway for personal choice,
strictly within the meaning of "words to that
effect" of course.
Words
to that effect
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Words
to that effect, in the legal sense, means
words that mean exactly the same. What that
comes down to is that there is ONE acceptable
alternative version, the one that I tend to
use because the language feels more natural in
a modern wedding.
I ask everyone here to witness that I,
A.B., take you, C.D., to be my wedded wife
(husband or spouse).
Other
word substitutions
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- instead of husband or wife
or spouse you may use partnerin
marriage (NB, not partner on
its own)
- instead of thee you may
use you
- you can change persons here present
to everyone here or everybody
here or everyone
present here or everybody
present here
- you may leave out either ‘lawful’
or ‘wedded’, but not both
What
about your names?
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Your full names must be used at least
once in the ceremony to enable you to be
identified to everyone present.
The
simplest course of action, to my mind, is
just to say your full names in the legal
vows.
But what if you are usually known by a
nickname of some sort? That's simple
too. You can add your shortened names or
nicknames the names used in the vows. For
example
‘...I, Elizabeth Jane
Smith (Libby.), take you, John Andrew
McKenzie (Jock)...’.
What
if you are unable to
speak?
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It there is a
exceptional
medical reason for one or
other of the couple marrying being unable to
speak, then it is legally acceptable for them
to communicate the vows by another means that
is understood by the other party to the
marriage, the celebrant, the two witnesses and
everyone present.
If you normally use sign language to
communicate, you may do so, but an interpreter
should be present.
What
if you do not speak
English?
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You will need an
interpreter. This also applies if one of your
witnesses does not speak the language in which
the ceremony is conducted.
* What is different if your
celebrant is a minister of
religion?
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If your authorised
celebrant is a minister of religion, the
ceremony
must be solemnised according to
any form and ceremony recognised as
sufficient for the purpose by the religious
body or organisation of which he or she is a
minister. The rules applying to a
non-religious (civil) ceremony therefore do
not apply.
Related
Information