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 a
couple has to either apply for a licence to marry at a
government office, or give notice of their intention
to marry at a government office, 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, that's legal. So if you
want to just 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 bring witnesses 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 not only 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 using strangers or staff 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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