When Disaster Strikes -
Plan D - How to Get Married Legally When your
Venue and your Celebrant are Unreachable
by
Jennifer
Cram Brisbane Marriage Celebrant © (03/01/2020)
Categories: | Wedding Legals | Wedding Planning |
The one thing
that is required to make any Plan B work is the
capacity to communicate. Across Australia, as I
write, with so many popular destination wedding
spots ablaze and cut off from communications, even
the most detailed and multi-faceted Plan B is
useless.
So what can you do if you've planned your wedding
(and a viable Plan B), and now your venue and your
celebrant are within one of the disaster zones.
If you can still
communicate with your celebrant
out
- Your Notice of Intended Marriage can be
transferred to another celebrant
Any celebrant "in possession of the Notice of
Intended Marriage" can solemnise your marriage.
As long as your celebrant can communicate the
notice can be electronically transferred to
another celebrant.
- Your celebrant can also
electronically transfer the prepared
ceremony
- You will need to show the substitute
celebrant your documents
(Reminder: These are
- Proof of birth (passport or birth
certificate)
- Photo ID (eg passport, driver license, proof
of age card)
- Divorce or death certificate of former
spouse if relevant
- Change of name certificate if relevant)
- Your new celebrant will prepare new
certificates
So you will need to resign the Declaration
of No Legal Impediment if you have already
signed it.
- Your new celebrant will solemnise your
marriage and register it
If communications are cut
out
If communication to the area in which your celebrant
is, is cut off, you should
- Find a substitute celebrant and explain the
situation
- Complete a new Notice of Intended Marriage
with the substitute celebrant
- Ask your substitute celebrant to support
your application for shortening of time and
assist you will applying
One of the grounds for getting permission to
marry with less than one month's notice
(Shortening of Time), is wedding arrangements.
- You will need to make an appointment to see
a Prescribed Authority (that's a person who
has the authority to grant shortening of
time). Prescribed Authorities can be found
at Births, Deaths and Marriages in the
capital city of your state, or at a
courthouse.
- Some states require you to fill in a form.
Some don't.
- You will need to take supporting evidence
with you - so receipts, emails from your
celebrant, etc, and of course, you'll need to
explain why the Notice of Intended Marriage
isn't obtainable.
- And you'll need something from your
celebrant confirming agreement to marry you on
a specific date.
In my experience Prescribed Authorities are
compassionate and helpful. And while there is
a fee for shortening of time, it is not unknown for
that to be waived where the circumstances are
particularly harrowing.
But what if you are
stranded without your documents
out
P
ossibly you arrived at your
holiday/wedding destination early, expecting
your celebrant to meet you there, but your
celebrant now can't make it to you. If you don't
have your documents to show the substitute
celebrant you will have a problem. Even if
your original celebrant has been able to
transfer the Notice, you must still show your
substitute celebrant your documents. However,
there is a solution - it just takes a little
forward planning.
- Scan all your documents before you leave
home and have them on your phone
It is now legal for a celebrant to accept scans
of all documents except your driver licence. Do
this when you book your ceremony! But make sure
that you scan the originals. A scan of a JP
certified photocopy is NOT acceptable for the
purpose of marriage.
And what if your witnesses
haven't been able to make it
out
Not a problem.
- In Australia
anyone over the age of 18 can be a witness
to your marriage.
So, if necessary, a couple of strangers can
step in.
I hope no-one ever needs this information - but,
as they say, forewarned is forearmed.
Say safe!