For registered marriage celebrants

• The Marriage Celebrant Code of Practice
• Form of marriage ceremony and participation in a ceremony
• Evidence of divorce needed before being married
• Important changes to how the one month notice period is calculated – New December 2011

The term ‘marriage celebrant’ is commonly used to describe all marriage celebrants who perform marriages.

The Marriage Act 1961 provides for three different categories of people who perform marriages:

(a)    ministers of religion of recognised denominations authorised by State and Territory Registrars of Birth, Deaths and Marriages

(b)    some State and Territory officers, and

(c)    persons registered as marriage celebrants in accordance with Part IV Division 1 subdivision C of the Act.

The Marriage Celebrant Code of Practice

The Marriage Celebrant Code of Practice applies to all marriage celebrants registered by the Australian Government Attorney-General’s Department. The Code is applied to ensure marriage celebrants comply with a relevant set of rules. Please read the Code to understand the obligations placed upon marriage celebrants.

Form of marriage ceremony and participation in a ceremony

Ceremonies used by marriage celebrants conducting civil (non-religious) ceremonies may incorporate some material from religious sources at the request of the couple being married. The ceremony should enhance the dignity of the occasion, meet all legal requirements and accommodate the reasonable requests and expectations of the couple marrying. Celebrants are encouraged to involve couples to design a ceremony to meet their specific wishes. People not authorised as marriage celebrants may participate in aspects of a marriage ceremony, however, an authorised marriage celebrant must fulfil all legal requirements for solemnising the marriage.

Evidence of divorce needed before being married

As of 1 July 2002, the Family Court and the Federal Magistrates Court ceased issuing both a decree nisi of dissolution of marriage and a decree absolute. They now issue a document titled ‘Certificate of Divorce’, which contains the dates of the decree nisi and the decree absolute. This certificate is evidence of divorce for the purpose of solemnising a marriage (see subsection 42(10) of the Marriage Act 1961).

If you were divorced prior to 1 July 2002 you will need to show the celebrant a copy of the decree absolute.

Note: Photocopies of documents will not be accepted.

Important changes to how the one month notice period is calculated – new December 2011

Section 42 of the Marriage Act 1961 requires the parties to an intended marriage to give the authorised celebrant at least one month’s written notice prior to the solemnisation of the marriage. This notice is known as the Notice of Intended Marriage.

The term ‘month’ is defined in the Acts Interpretation Act 1901. The Acts Interpretation Act was recently amended by the Acts Interpretation Amendment Act 2011. From 27 December 2011, section 2G of the Acts Interpretation Act provides that in any Act, ‘month’ means a period:

• starting at the start of any day of one of the calendar months; and
• ending:
• immediately before the start of the corresponding day of the next calendar month
• or if there is no such day – at the end of the next calendar month.

For example:

• a month starting on 15 December in a year ends immediately before 15 January in the next year. (If a NOIM is given to the authorised celebrant on 15 December, the first day the marriage can be solemnised is 15 January)
• a month starting on 31 August in a year ends at the end of September in that year because September is the calendar month coming after August and does not have 31 days. (If a NOIM is given to the authorised celebrant on 31 August, the first day the marriage can be solemnised is 1 October); and
• a month starting on 29, 30 or 31 January ends at the end of February in that year because February is the calendar month coming after January and does not have 31 days. (If a NOIM is given to the authorised celebrant on either 29, 30 or 31 January, the first day the marriage can be solemnised is 1 March. This applies regardless of whether it is a leap year.)

Important information

• the changes to the Acts Interpretation Act takes effect from 27 December 2011, and
• the information contained in the current Explanatory Material on the Marriage Act 1961 for Marriage Celebrants (November 2008 edition) regarding the calculation of the one month period is no longer current.