One of the
questions I am asked more frequently, in the light
of concerns about the impacts of the COVID-19
virus, is whether a marrying couple can have more
than one wedding.
The simple answer is
Yes, but also,
That
Depends!
Yes, you can have as many wedding
ceremonies as you like, but
That Depends
on only one of them being a ceremony that creates
a legal marriage between you.
What the Marriage Act
says
out
Section 13 of the Marriage Act states that under
Australian law if you are already legally married
to one another you cannot go through "a form of
marriage with each other", and that, where your
celebrant knows, or has reason to believe that you
are already married, they cannot "purport to
solemnise a marriage in Australia."
What that means is that while you can have another
legal marriage, and, if married overseas, register
that second marriage in Australia, it does not
stop you having as many non-legal weddings as you
wish!
Your Legal Civil
Marriage
out
All marriages in Australia are, in a sense, civil
marriages, because it is the Commonwealth that has
jurisdiction over marriage. So whether you are
married by an Authorised Celebrant (like myself
and the thousands of other celebrants who,
collectively, solemnise 3 ot of 4 marriages in
this country), or in a Registry Office, or by a
member of the clergy in a ceremony that is in
accordance with the rites of a particular
religion, certain requirements of the Marriage Act
must be met.
Non-Legal Religious
Ceremonies
out
The Commonwealth has granted the authority to
solemnise marriages to clergy who are licensed to
do so on application from their religious body.
The ceremony must follow the approved liturgy of
the particular denomination. What makes it a legal
marriage ceremony is the paperwork, not the
ceremony. So, if you are already married as long
as you comply with section 113 (5) of the Marriage
Act, you can have a religious ceremony of
marriage.
Section 113(5) requires you to:
- inform the clergy person that you are
already legally married
- show the clergy person your marriage
certificate
- you give the clergy person a statement in
writing, signed by both of you, and witnessed
by the clergy person, that you have previously
"gone through a form or ceremony of marriage",
that you are the persons named on the
certificate, and that you have no reason to
believe you are not legally married to one
another
- you sign your statement in the presence of
the clergy person, who will witness your
signatures
Section 113(6) forbids the clergy person
to prepare or issue any certificate of marriage
or to issue any other document to you in respect
of the ceremony unless you are described in the
document as already being married to one
another.
In short, as long as no paperwork is done
and your religious marriage is not registered,
you can be married in the sight of God, while
already legally married.
What that also means is that a clergy person
who is not authorised to solemnise legal
marriage, can conduct the ceremony without
breaking the law.
Non-Legal Traditional or
Cultural Ceremonies
out
It is also perfectly legal to have a traditional
or cultural ceremony that does not create a legal
marriage
Other Non-Legal
Ceremonies
out
If you are already married, but would like to
celebrate with family and friends, you can legally
have a non-legal, non-religious, ceremony
conducted by a civil celebrant.
This ceremony could take one of several forms
- A Renewal of Vows
- A Commitment Ceremony
- A Non-legal Wedding
The differences between them are minor,and
which you choose to have will possibly depend on
how long you've been legally married. I find
that couples who have recently married, for
example in an elopement or in a small
destination wedding overseas, and now want to
have a ceremony for family and friends, tend to
opt for a non-legal wedding. Where couples have
been married for some time, they tend to opt for
a renewal of vows. Fewer couples opt for calling
the ceremony a commitment ceremony.
What they all have in common, however, is the
requirement on your celebrant to make sure that
no-one present is under the impression that the
ceremony will create a legal marriage. But that
can be done in a light and tactful way if your
legal marriage was secret and you don't want
your guests to know exactly when it occurred.
Is there a limit on the
number of ceremonies you can have?
out
No there isn't. Just as, long as only one of th.em
is the legal one. I've had couples who are of
faiths have a religious ceremony of each of those
faiths, plus their legal civil ceremonies, so
three weddings. Where couples come from two
different cultural backgrounds it is common to
have a cultural ceremony and a legal Western white
wedding. And then there was the couple who took
themselves on a very lengthy trip round the world
and had a non-legal wedding ceremony,
traditional, cultural, or symbolic depending on
the location, in every country they visited.
Thanks for reading!