As of June, this year, all authorised marriage celebrants must meet with each party individually and in person before conducting the marriage ceremony. This requirement, under the Marriage Act 1961, ensures that both parties are entering into the marriage with real and voluntary consent, which is fundamental to the legality of any marriage.
Why Is This Important?
The requirement for separate meetings is designed to protect real consent, a key principle of the Marriage Act. For a marriage to be valid, both parties must consent freely and without pressure. Consent is not considered real if it is obtained through duress, fraud, or if either party does not understand the nature of the marriage or the ceremony.
As celebrants, it is our responsibility to ensure both parties are clear and confident in their decision to marry. This safeguard has long been part of the guidelines for marriage celebrants, but it is now a mandatory process. Importantly, it is also illegal to force someone into marriage.
When and How Does This Happen?
The separate meetings must occur before the marriage is solemnised. Whether it's after the Notice of Intended Marriage (NOIM) is received, during the signing of the Declaration of No Legal Impediment, or on the wedding day, it’s up to you and your celebrant to find a suitable time. If there are concerns about consent at any stage, the celebrant can request separate meetings sooner rather than later.
Even if everything seems fine leading up to the wedding, the celebrant must remain vigilant, as real consent can change over time. For instance, if a party appears intoxicated or otherwise incapable of giving valid consent on the day, the celebrant has the right to postpone the marriage.
What Does the Meeting Involve?
This one-on-one meeting is an opportunity for your celebrant to ensure that both parties are entering into the marriage freely and with full understanding. There is no set script—open-ended questions often work best to understand how each party feels. The meetings should occur separately and privately, though a trusted person can accompany a party if they wish.
Meetings can take place in a culturally appropriate and comfortable setting, such as a coffee shop or other public venues, provided the conversation remains private. If a third party is present during the meeting, the celebrant must assess if their presence might influence the party’s consent and may follow up later to ensure everything is as it should be.
Keeping Records and Moving Forward
Celebrants will keep a record of these meetings, including who was present and the outcome regarding real consent. This documentation can be vital if questions arise later about the validity of the marriage.
If you or your celebrant have any concerns about real consent, the marriage should not proceed. In some cases, a non-binding commitment ceremony can be offered, with the option of finalising the marriage later when both parties are fully confident and ready.
This process ensures that your marriage is entered into with complete clarity and confidence, safeguarding the lifelong commitment you are about to make.
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