Legals Only
Ceremony. What does that mean? The Marriage Act lays
down the minimum that has to be done by way of
ceremony in order for a couple to be legally
married. And those things are exactly the same
for every couple, regardless of how big, small, fancy,
or simple your wedding is going to be.
So you might be wondering what those Legals Only
weddings you've seen advertised, including by me, are.
Simply put, Legals Only is marriage celebrant
speak/shorthand for the bare minimum ceremony as
required by the Marriage Act. Which implies that there
is no ceremony to be prepared. I call these
ceremonies
Married in a
MinuteTM because that's exactly how long the
minimum legal requirements for the ceremony take, but
also include the option of personal vows or a simple
handfasting ritual.
Why choose to have a
Legals Only type ceremony?
ou
- It may be that you are a no-fuss couple who just
want to change your legal status with the minimum
fuss and preparation.
- It might be that you are having a traditional
cultural ceremony - either in Australia or
overseas -that doesn't create a legal marriage.
- It might be that you are having a symbolic
ceremony overseas but want your marriage to be
registered in Australia.
Actually, there can be a long list of possible
reasons, all of them legitimate. You don't have to
explain yourselves!
Can you just sign and
go?
out
Put simply. No. The Marriage Act makes
it clear that it is spoken words that create the legal
marriage. And that signing the certificates document
that the marriage has taken place. So no, you can't
just sign.
You might also see Paperwork Only ceremonies
advertised. But that's misleading as no legal marriage
in Australia can happen without spoken word in
addition to the paperwork. Which is why I also offer a
Married
in a MinuteTM LITE (Signing Ceremony) for
couples who want nothing more than the legal bits with
no fuss and no guests.
What are the minimum
legal requirements for the ceremony?
out
The Marriage Act makes it clear that
it is words that create the legal marriage. And that
signing the certificates documents that the words have
been said and the marriage has been created.
So , so while there are the pre-ceremony legal
requirements that must be completed before you can be
married (giving notice, providing documentary proof of
who you are, and signing the Declarations) the minimum
requirements for the ceremony are:
- The five of us gather together (celebrant,
marrying couple, two adult witnesses)
- I recite the passage from the Marriage Act that
must be said before you say your vows
I, Jennifer Cram, am duly authorised by
law to solemnise marriages according to law. Before
you are joined together in marriage in my presence
and in the presence of these witnesses, I am to
remind you of the solemn and binding nature of the
relationship into which you are now about to enter.
Marriage, according to law in Australia, is the
union of two people to the exclusion of all others,
voluntarily entered into for life.
You each, individually, than must make the statement
that creates the contract of marriage between you.
I ask everyone here to witness that I,
NAME, take you, NAME, to be my lawful wedded
wife/husband/spouse/partner-in-marriage.
At that point, you are legally married. And we sign
the Marriage Register, the two certificates, I give
you the certificate that has the Australian Coat of
Arms on it.
And that's it. You are legally married, and all that
remains to be done is for me to submit your marriage
details to Births, Deaths, and Marriages so that your
marriage can be registered.
However ...
out
Most couples who choose to have a bare minimum
ceremony actually want to include a bit more. So I
think of Legals Only ceremonies as Married in a
MinuteTM with some simple additional options:
- Would you like to exchange rings? No problem
- Would you like to add a few words to the
legal vows, or make some personal promises? No
problem
- Would you like to add a very simple
handfasting (usually instead of rings, but can
be as well as). No problem
- Would you like to have guests in addition to
your two witnesses. Not a problem
None of these things requires a lot of
preparation, but they do add a great deal to the
feel of the ceremony.
I'd love to talk to talk you through your
options.
Thanks for reading!