How To Officiate Your Own Wedding In Australia

Australia has unique requirements for those who want to officiate a wedding. The country's independent civil marriage celebrants are the only ones authorised to perform weddings, and they are authorised to do so for life, as long as they meet their Code of Conduct, professional development requirements, and pay annual fees. They can conduct a marriage at any time, 365 days a year, and at any place in Australia. While it is not explicitly stated whether an individual can ordain their own wedding, the country's requirements for celebrants suggest that it may not be possible to do so.

Marriage laws in Australia

In Australia, marriage is regulated by the federal government, which has the power to make laws regarding marriage under section 51(xxi) of the constitution. The Marriage Act 1961 applies uniformly throughout Australia and its external territories, superseding all state laws on the matter.

Requirements for a Legal Marriage in Australia:

• Neither party is already married.
• The parties are not in a prohibited relationship (direct ancestor, descendant, or sibling, including legal adoption).
• Both parties are at least 18 years old. In exceptional circumstances, a person aged 16 or 17 can marry with parental consent and court authorisation.
• Both parties are able to understand what marriage means and freely give their consent.
• The marriage is solemnised by an authorised marriage celebrant.
• The marriage ceremony includes certain legally mandated words.
• The marriage is registered with the registry of births, deaths, and marriages in the state or territory where it took place.

Types of Celebrants:

There are three types of authorised marriage celebrants in Australia:

• Ministers of religion: They must be nominated by a recognised denomination, be Australian residents, and be at least 21 years old.
• State and territory registry officers: They can register and solemnise marriages, also known as registry marriages.
• Civil marriage celebrants: These celebrants are authorised to conduct and solemnise civil wedding ceremonies. They must meet several requirements, including being at least 18 years old and "fit and proper" persons.

Notice of Intended Marriage:

Couples must provide their chosen marriage celebrant with a Notice of Intended Marriage between one month and 18 months before the wedding. This notice is not a marriage licence but a legal requirement.

Recognition of Foreign Marriages:

Marriages performed abroad are generally recognised in Australia if they comply with the laws of the country where they took place. However, Australia does not recognise polygamous marriages, marriages involving individuals under the legal age, prohibited relationships, or marriages without real consent.

Prenuptial Agreements:

While not a requirement, some couples in Australia choose to enter into prenuptial agreements, also known as binding financial agreements, before getting married. These agreements outline how assets will be divided if the marriage ends. To be valid, both parties must obtain independent legal advice before signing.

Authorised celebrants

Australia's independent civil marriage celebrants are unique in the world in that they are authorised for life, dependent on meeting their Code of Conduct, professional development requirements, and paying annual fees for their regulation. In some places, such as certain states in America, the celebrant is authorised for the day and is not trained or experienced in creating and conducting ceremonies.

In Australia, celebrants can conduct a marriage at any time, 365 days of the year, at any place. In some countries, like England, the place is designated, and the couple can only get married by Registry Office staff at those designated places. There is also little choice regarding the ceremony's wording.

Australian celebrants create a meaningful, personalised, and unique ceremony by working with the marrying couple to ensure the ceremony contains the legal requirements and is personalised to the couple's beliefs, values, and wishes. This involves including family and friends as required by the couple.

The celebrant is required to:

• Identify themselves as the authorised celebrant
• State the definition of marriage according to Australian law (called the Monitum)
• Ensure the vows contain the required legal phrases and are heard
• Make sure the whole ceremony is dignified in line with the importance of a legal ceremony
• Prepare the papers to be signed and witnessed. The authorised celebrant is then accountable for the validity of the marriage.

Personalised ceremonies

Australia's independent civil marriage celebrants are unique in the world as they are authorised to conduct weddings at any time and place in Australia. They are also authorised for life, dependent on meeting their Code of Conduct, professional development requirements, and paying annual fees.

Civil celebrants can create a meaningful, personalised, and unique ceremony by working with the marrying couple to ensure the ceremony contains the legal requirements and is personalised to the couple's beliefs, values, and wishes. This may include involving family and friends as required by the couple.

If you are planning a wedding in Australia, you will need to give one calendar month's official notice to the celebrant. You will also need to provide evidence of the date and place of birth, as well as evidence of dissolution from an official source if either party has been married before.

While it is not possible to officiate your own wedding in Australia, you can engage an independent civil celebrant to work with you to create a personalised ceremony.

Legal paperwork

In Australia, independent civil marriage celebrants are responsible for all the legal paperwork, from the beginning to the submission of the marriage for registration. This is different from some other countries, such as the USA and New Zealand, where the government registries take care of this.

To get married in Australia, you will need to give one calendar month's official notice to the celebrant. Australia has one of the longest lead times in the world for this. You will also need to provide evidence of the date and place of birth, for example, through a birth certificate or passport. If you have been married before, evidence of dissolution from an official source, such as divorce documents, is also required.

After the ceremony, the celebrant will prepare the papers to be signed and witnessed. They are then accountable for the validity of your marriage.

Validity of marriage

In Australia, a marriage is legally binding if it is conducted by an authorised celebrant. This can be a civil celebrant, a minister of religion, or a marriage celebrant from an approved organisation. The authorised celebrant is responsible for ensuring the marriage is valid and must include the legal phrases in the vows and state the definition of marriage according to Australian law (the Monitum).

If you wish to have a friend or family member perform your marriage ceremony, you can suggest they pay for a civil celebrant to work with them. The celebrant will be responsible for ensuring the validity of the marriage, and your friend or family member can deliver most of the ceremony. This is a more cost-effective option than having your friend become a celebrant, as the training and application costs can be upwards of $28,000.

In some countries, self-solemnizing or self-uniting marriages are possible, where no third party is required for the marriage to be official. However, this is not a common practice in Australia, and self-solemnization is not permitted.

To ensure your marriage is valid in Australia, it is best to engage an authorised celebrant to conduct your ceremony. They will be able to guide you through the process and ensure that all legal requirements are met.

Frequently asked questions