When
someone asks
"So when are you getting married?"
what they have in mind is usually a single event
that includes
- a wedding ceremony with all
its traditional features of
wedding-y clothes, beautiful
flowers, music, rings, and
heartfelt vows that incorporates
the legal process that will
create your marriage
- a very joyful (and formal)
celebration afterwards - the
reception
The recent increase in couples deciding to get
married overseas, together with the COVID-19
pandemic travel restrictions, presents both a
challenge and some alternative possibilities.
Getting married and having a wedding can be a
two-step process. Under
Australian law it is perfectly legal to have more than one
wedding. However, only one of the
ceremonies can be a legal one, creating a legal
marriage between you.
If you choose to have your wedding in most
countries in Europe you will quickly learn that
the only way to legally marry is in their
equivalent of a registry office ceremony, usually
in the town hall. This civil ceremony must be
scheduled before a church ceremony or a symbolic
ceremony elsewhere. While couples choosing to have
their wedding in other places, such as Bali, will
learn that you have to be of the same religion to
have a legal marriage. Meanwhile in some Asian
countries, to get legally married means you just
go to a municipal office and sign the paperwork.
No ceremony at all!
For practical reasons, fulfilling the legal
requirements for marriage here in Australia, and
having your wedding at different time in a
different place is one that many couples have
made, and are still making.
7 Reasons to get legally
married before your non-legal wedding
- You need(ed) to postpone your wedding
Whether some life circumstances or because the
necessary lockdown restrictions Australia
implemented in response to COVID-19 means you
can't go ahead with your wedding on the date
originally planned, there can be many reasons
why getting legally married sooner that your
rescheduled date is a good choice. While the
restrictions are scheduled to be gradually
eased, rescheduling yet again may not be
practical, for example
- You want to have a destination wedding
It is no secret that the ban on
international travel is not going to end any
time soon. So locking in a date for an
overseas wedding is just not possible at the
moment. And while internal borders will open
earlier, that is a matter for each state. So
it is hard to predict when interstate travel
will be possible.
- A visa is involved
A Prospective Marriage Visa, for example,
is granted conditional on the legal marriage
taking place before a specified date
- You would like the moment you commit to
one another legally be an intimate
experience
But you would still like to celebrate with
friends and family, and share with them your
emotional commitment to one another
- Your families are in two different
countries
It may not be practical for both families to
be equally represented at your wedding because
one or other, or both, live too far away, so
having a ceremony in each country (or state)
would be the most inclusive way to ensure that
everyone you want to be there, can be. Not
having to choose, and explain, why one family
will attend the legal ceremony and the other a
symbolic one, might be wise.
- You come from two different cultural or
religious backgrounds
Where you have two families, both
expecting that you will marry their way, in
their tradition, trying to organise a single
ceremony that meets everyone's expectations
and legally marries you can be a nightmare.
Getting married legally in a ceremony that
focuses on the legalities, and following that
up with two non-legal ceremonies (one in each
tradition), is a good solution. And it is
legal to do that, in Australia.
- You are nervous that something
could go wrong on the big day
It is actually very common to feel anxious
about your big day. There is so much at stake.
It is pretty much an all your eggs in one
basket event. Going into your big
wedding knowing that you've got the legal
marriage ticked off minimises your "what-if"
fears and allows you to focus on the fun and
celebration.
What is a non-legal
wedding?
The law in Australia is quite simple. You may have
a non-legal ceremony that is pretty much
indistinguishable from a legal wedding.
- If the ceremony is a religious ceremony held
in a house of worship, the ceremony can be
according to the approved liturgy for marriage
ceremonies of that religion. Approved means
that the religion has mandated the ceremony
that all clergy must use, and this ceremony
has been approved by the government for the
solemnisation of legal marriages
- If the ceremony is a civil/secular ceremony,
the legally required statement to be made by
the authorised celebrant, together with the
mandated vows that create the contract of
marriage between you, must be omitted.
Who can officiate a
non-legal ceremony?
In a word.
Anyone. As long as the person
officiating the ceremony doesn't hold themselves
out to be authorised to solemnise a legal
marriage, or pretend that the ceremony they are
officiating creates a legal marriage, you can
choose anyone. You can even lead the ceremony
yourselves.
There are, however, very good reasons to choose
someone who is experienced and professional to
create and lead your ceremony. I deal with those
in detail in my blog
Friend
or Professional Celebrant? Everything you need
to consider when deciding who will conduct
your wedding ceremony, and give you
some guidance about how to have the best of both
worlds.
And then these is the third option,
a
service I've been very successfully providing for
years. I will work with you to craft a very
personal ceremony, and then hand over the script
for your friend to use when leading your ceremony.
I'll even coach your friend and make sure they
have the finalised script in good time to
practice, practice, practice.
What you need to do to
organise a non-legal wedding
Basically, to organise a non-legal wedding you
need to do everything you would do to organise a
legal wedding with the following additions and
exceptions
- You must tell the member of clergy or
celebrant that you are already legally
married, and show them your
marriage certificate
- You do not need to do any legal paperwork,
in fact it would be illegal to do so
- If you are having a secular/civil ceremony
you should, in consultation with your
celebrant, decide whether the ceremony will be
presented as a renewal of vows,
a commitment ceremony, or a ceremony
celebrating your marriage, while not creating
it.
Keeping secret the fact
that you are already married
l
This is where it gets interesting and
complicated
- if you are having a non-legal ceremony
according to the rites of a particular
religion, apart from the clergy person, no one
needs to be alerted to the fact that you are
already married
- If you are having a celebrant-led ceremony,
or a ceremony led by a friend who is not
authorised to marry people, it is a legal
offence for the guests to be misled to believe
that the ceremony will create a legal
marriage, so the guests have to be alerted to
the fact that the ceremony will not create a
legal marriage between you. Like everything,
however, there are soft and tactful ways for
your celebrant to do this. There is also no
requirement that the guests be told in advance
of the ceremony.
Are you allowed to sign
a certificate after your non-legal wedding?
l
Of course you can, just as long as it doesn't have
the words Marriage Certificate on it, or purport
to be a legal certificate.
DIY Option
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