Saying I Do in
Secret (it's legal!)
Categories: | Wedding Legals | Wedding Planning |
Getting
married in Australia with a civil celebrant officiating
is simple and very easy. It is also perfectly legal to
marry in secret. In fact, the way the system is set up
puts the control over who you tell and when you tell
them almost entirely in your hands.Marrying in secret is a stress-free way of avoid pressure and conflict in the lead-up to your big day. It is also an effective way to control who you tell you are married, and how and when you tell them.
You deal directly with your
celebrant
out
Unlike standard practice in other countries, where you
have to either apply at a government office for a
licence to marry, or where you have to go to a
government office to give notice of your intention to
marry, in Australia notice is given to the person who
will solemnise your marriage.Your celebrant keeps your
Notice until after you are married
out
Your
celebrant is required to keep your Notice securely
until after you are married. It is then submitted
to Births, Deaths, and Marriages along with the
rest of your marriage papers (signed certificate
and Declaration of No Legal Impediment to
Marriage) so that your marriage can be registered.
You can be married in a
private place
out
In Australia there is no requirement that you marry in a
public place, or in premises licensed for the purpose of
marriage. You can be married in a private place,
such as your own home, behind locked doors in your room
or suite in a hotel or B & B, or anywhere else you
choose.Your witnesses do not have to
be forewarned
out
In
addition to your celebrant, you must have two adults
present to act as the legal witnesses to your
marriage. But they don't need to be forewarned. As
long as they are aware they are your witnesses
before the ceremony starts, and agree to be your
witnesses, that's legal. So if you want to keep your
plan to marry secret until the last minute, you can
invite friends or relatives to join you on a pretext
and reveal to them the real reason for them being
there a minute or two before the ceremony begins.Your witnesses can be
strangers
out
While the Attorney General's Department makes it very
clear that your witnesses should be there for you -
which is why having your celebrant supply thewitnesses is frowned on - it is perfectly legal to just ask handy and available adults to fulfil this role. This can include passers-by, staff of restaurants, cafes, hotels, and B & Bs, your photographer, videographer, hair and makeup person, and so on. Witnesses aren't there just to be able to confirm that your marriage took place, in the event of a problem they may be called upon to testify in court. So it is in your interest to avoid having witnesses that may have a conflict of interest because of their prior relationship with the celebrant. If you use strangers or staff of the venue where you get married as your witnesses, don't forget to get and keep their contact details.
Your celebrant is bound by
strict privacy conditions
out
Without your express permission, your celebrant cannot
divulge any identifying information about you and your
wedding either before or after you are married. That
includes posting photos of you on social media or
websites, or sharing extracts of your story.PS. Once you are married you will need to tell the Tax Office (on your next tax return) and Centrelink, if relevant, but there is no requirement for you to tell friends, family, or the world.
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