The Marriage Act 1961 and My Requirements Under the Law

Marriage of Robert and Maria February 2022

Requirements for Marriage under the Marriage Act 1961 and the Marriage Regulations 1963 in Planning the Marriage Ceremony:

I am obliged to comply with the Marriage Act 1961 and other laws of the Commonwealth and of this State, and to be on the lookout to prevent and avoid unlawful discrimination in the provision of marriage celebrant services.

The Act sets out a uniform scheme for the solemnization of marriages by authorized celebrants. This scheme deals with the actual marriage ceremony itself, as well as matters that arise prior to, during and after the marriage ceremony.

A marriage should not be solemnized unless ‘Notice of the Intended Marriage’ has been completed and given to me as the proposed celebrant. I must receive this notice (Form 14) at least 1 calendar month prior to the proposed date of marriage and not more than 18 months prior to that date.

I will need to see evidence of date and place of birth for both of you, some photo identification such as a driver’s license, and each of you must make a declaration as to your belief that there is no legal impediment to the marriage. Depending on your individual circumstances, there may be other forms and declarations to be completed and we can discuss these at our first meeting.

After the marriage ceremony there are marriage certificates to be signed, a special certificate with inbuilt security systems for you to take home, and other certificates to be given to the Registrar of Births Deaths and Marriages for statistical purposes.

I am well versed in the Marriage Act 1961, and the Explanatory Material on the Marriage Act 1961 for Marriage Celebrants, having studied it well and being accredited with Certificate IV in Celebrancy. This helps ensure that your marriage ceremony and all of the items surrounding it meet with the requirements of the Act and ensure a smooth flow to the legal processes required.

I will provide you with information and guidance to help you choose or compose a marriage ceremony that will:

Meet your needs and expectations, and

Provide for your privacy and confidentiality, ensuring the legal processes are in place,

Provide the accuracy in the preparation of all documents, and

I will return to you any documents as appropriate.

I will submit the required documents on time,

Within 14 days as required by Law, but generally the same day as your wedding!

As well as presenting the materials for the ceremony professionally, it is my responsibility to control the assembly of the wedding party and the guests with discretion. To this end I offer guidance and support in deciding on a venue and what may be required, as well as a marriage ceremony rehearsal that will help us to double check such things as the script, voice levels to ensure that all the guests can hear clearly, placements of the wedding party and provide ample opportunity for any questions to be answered.

Ronald Cruickshank Marriage Certificates