All
marriages in Australia are subject to the requirements
of the Marriage Act. It doesn't matter if you are
married by a civil celebrant, in a religious ceremony
officiated by an ordained member of the clergy, by an
employee in the Registry Office or Court, or by a
Defence Force chaplain. The Marriage Act applies to
all of them
So what does the Marriage Act actually do?
The Marriage Act sets the
marriageable age
The Marriage Act sets the legal marriage age (18) and
allows the marriage of minors in certain
circumstances.
The Marriage Act establishes
the framework for marriage ceremonies
Couples can marry in public or private, provided there
is an official celebrant and two witnesses to the
ceremony. Particular words are prescribed for
marriages solemnised by civil celebrants. These words
reflect the understanding of marriage in Australian
law. And certain documents have to be signed before
(documenting your declaration that you are free to
marry) and after (documenting that the marriage has
taken place) the ceremony.
Religions which have been recognised as requiring
monogamy and permanency as promises of marriage are
permitted to use their own ceremony.
The Marriage Act establishes
the framework of regulation of celebrants
Authorised marriage celebrants, both religious and
non-religious, are subject to the rules and
regulations laid down by the Act
The Marriage Act deals with
issues of consent, void marriages, and legitimacy of
children
The Marriage Act makes it clear that marriages must be
between two consenting adults, and that consent must
be freely given. It also outlines circumstances in
which a marriage would be rendered void, and, where
there is a child of that void marriage, the
circumstances under which the child would be deemed to
be legitimate.
The Marriage Act creates
offences
The Marriage Act creates offences including offences
relating to bigamy, under-age marriages, and marriages
not performed according to the required notice
periods, etc (NB it is an offence to backdate a Notice
of Intended Marriage)
The Marriage Act defines the
legal meaning of marriage
The Marriage Act defines marriage to mean '
the
union of two people to the exclusion of all others,
voluntarily entered into for life'
The Marriage Act deals with
the recognition of foreign marriages
The Marriage Act deals with the recognition of validly
contracted foreign marriages for the purposes of
Australian domestic law.
What does the Marriage Act
not do?
The Marriage Act does not lay down any requirements
for
- what you wear
- the venue
- a bride to be 'given away'
- you have rings
- you to kiss
- anyone to promise to obey
More information
If anyone argues with you about something you don't
want to do being a "rule". You can ask them nicely
Who
wrote that rule? and when they can't answer
(because it is usually something that is somehow
connected Queen Victoria's wedding in 1840!), show
them the only "rules" that are actual rules - what the
Marriage Act requires and where in the Act it is
spelled out. Download the sheet I've been sharing with
my couples for years -
Legal
Notes: Getting Married in Australia.
Thanks for reading!