Alliance of Celebrants Queensland, Inc

What does a Marriage Celebrant do?

What does a Marriage Celebrant do?

A Civil Marriage Celebrant, as a qualified trained and professional person, is authorised to conduct your marriage ceremony in a manner that meets the legal requirements.  This includes a range of matters - such as ensuring that your ceremony contains certain mandatory words; the correct completion of your Notice of Intended Marriage (NIM) and all other marriage documents;  and the lodging of your marriage documents with the Registry of Births, Deaths and Marriages - is done in such a way that they comply with the Marriage Act 1961.

Apart from ensuring that your ceremony contains the things that makes it legal, your Marriage Celebrant will also assist you in personalising your ceremony and, to this end, will offer some choices as to what you may like to consider for inclusion in your ceremony.   Your Marriage Celebrant can also offer you a range of resources to assist you in this process.  This is not to say that you cannot write your own vows and indeed, if you would prefer to write your own ceremony, there are a number of celebrants who would be pleased to help you in this endeavour, and most importantly, would still ensure that your ceremony complies with all the legal requirements.   

The obligations placed on Marriage Celebrants are outlined in a Code of Practice for Marriage Celebrants which is to be displayed by them.  Some Marriage Celebrants may even provide you with a copy of this document.

To what extent can our family and friends participate in our marriage ceremony?

Your family and friends may participate in your marriage ceremony in a number of ways.  However, their participation does not extend to the legal requirements which can only be fulfilled by your Marriage Celebrant and which are set out in the Code of Practice for Marriage Celebrants and in the relevant legislative requirements.  The legal requirements include your Marriage Celebrant:

• taking a public role in your ceremony

• identifying him/herself at your ceremony as the celebrant authorised to solemnise your marriage
• being responsible for ensuring the validity of your marriage according to law insofar as saying the mandatory words contained in the Marriage Act 1961
• being able to hear clearly and see you exchange your vows in the manner prescribed in the Marriage Act 1961
• being available to intervene (and exercise the responsibility to intervene) if events demonstrate such a need within your ceremony
• being a part of the ceremonial group or in close proximity to it
• signing the papers as required by the Marriage Act 1961

Please note that this list is not exhaustive and should you wish to obtain more detailed information on the full extent of the legal requirements, your Marriage Celebrant can advise you further.

What is the Notice of Intended Marriage Form (NIM/NOIM)?

What is the Notice of Intended Marriage Form (NIM/NOIM)?

Your Marriage Celebrant will provide you with the necessary NIM, and it is your Marriage Celebrant who is the authorised person with whom it should be lodged at first instance.  Whilst it is possible to obtain a shortening of time (in extraordinary circumstances), your NIM must be lodged with your Marriage Celebrant at least one month prior to the date of your marriage.  At the earliest, it may be lodged up to 18 months prior to your marriage.

To complete this document, you must provide the original versions of the following documents as evidence as to your identity and previous marital status.

(a) Your birth certificates are the primary source of identification.  If you do not have your birth certificate and were born in Australia, another authorised copy can be obtained from the Registry of Births, Deaths and Marriages (BDM) in the state in which you were born.   For people born in Australia, there is no alternative to the provision of a birth certificate.  

If you were born overseas, it is also possible - in most cases - to apply for an authorised copy of your birth certificate (or the legal equivalent of your birth certificate) from the country of your birth.  If your birth certificate (or legal equivalent) is in a language other than English, you also need to provide an authorised translation.   Furthermore, you should note that some countries may take up to 6 months (e.g. South Africa) to provide the requested document.  Any other situations should be discussed urgently with your Marriage Celebrant who will discuss the alternative options open to you.

(b) If you were born overseas and hold an overseas passport, you should bring it with you to your meeting with your Marriage Celebrant.

(c) If you have been divorced, you are to provide the divorce document.   If you have misplaced or lost this document, you should be taking urgent action to obtain an authorised copy.

(d) If you are a widow or a widower, you are to provide the death certificate of your deceased spouse.   Again, if you have misplaced or lost this document, you should be taking urgent action to obtain an authorised copy.

(e) Again if applicable, you are to provide a Certificate for a Change of Name.   If you have changed your name via another means (i.e. by deed poll), please discuss this situation urgently with your Marriage Celebrant.

For any other circumstance, please check with your Marriage Celebrant as to what additional documentation is required.

Following your marriage, your Marriage Celebrant will forward the NIM and all other requisite documents to BDM.   Once the NIM is ticked off by BDM, it is forwarded to the Bureau of Statistics.

What is a Shortening of Time?

What is a Shortening of Time?

It is possible to shorten the minimum notice time for a marriage to less than the stipulated period of one month f special circumstances set out in the Regulations to the Marriage Act 1961 are met.  This will involve you first meeting with your Marriage Celebrant for the purpose of completing as much as possible of the Notice of Intended Marriage (NIM).  You then take the NIM with you to either your Local Court or the Registry of Births, Deaths and Marriages, either of which are  the Prescribed Authorities in this regard.

A list of Prescribed Authorities may be found at the following web address: http://www.ag.gov.au/mclisting

A Prescribed Authority can shorten the required period of notice if they are satisfied that circumstances stipulated in the Regulations are met. For your convenience, the following are the five categories of circumstances as set out in the Regulations.

1. Employment related or other travel commitments.
2. Wedding or celebrantation arrangements, or religious considerations.
3. Medical reasons.
4. Legal proceedings.
5. Error in giving notice.

The reason for seeking a Shortening of Time for notice must fall within one of these categories before an application can be considered.  There is no capacity to grant a Shortening of Time outside these circumstances.  Even so, a Shortening of Time is not automatic.  When making a decision, the Prescribed Authority will weigh up the information provided in support of the application and may seek additional information as outlined further in the Regulations.

Can we lodge a Notice of Intended Marriage (NIM) if my fiancé’s divorce is not yet finalised?

Can we lodge a Notice of Intended Marriage (NIM/NOIM) if my fiance’s divorce is not yet finalised?

Yes, you may lodge your NIM with your Marriage Celebrant prior to your fiancé’s divorce proceedings being finalised - and have it completed once the awaited divorce is finalised.  Needless to say, your marriage cannot be conducted until the divorce is finalised either.   This is not to say that the effective date of the NIM has to await the divorce being finalised, as it is activated once it is signed and dated notwithstanding that your fiancé’s divorce is only pending at that time.

How do we choose our Marriage Celebrant?

How do we choose our Marriage Celebrant?

Choosing your Marriage Celebrant is very much a personal matter.  It may be that a particular Marriage Celebrant has been recommended to you by family members, friends or by venue coordinators.  

If you are not so fortunate and do not know, or have not heard of a "good" Marriage Celebrant, searching this ACQ website is a good place to start.  Why not use our comprehensive search facility to locate a Marriage Celebrant who lives in your general area or perhaps in a location close to where your ceremony is to be held.   There are direct links from the listing provided in this website to each ACQ Marriage Celebrant's own website.

Armed with your short list of possible Marriage Celebrants, contact can then be made with each of them either by phone or by email to ascertain if they are available for the time and day of your wedding and what the costs would be for all services they provide.  Please note that costs from one Marriage Celebrant to the next vary as there is no standard charge and legally, they are not permitted to price fix.  You may also wish to enquire whether the Marriage Celebrant conducts multiple weddings on any particular day or limits the number they are prepared to do to one or two per day.   And furthermore, whether the Marriage Celebrant can assist you to obtain the registered copy of your Marriage Certificate from the Registry of Births, Deaths and Marriages (BDM).  There is a response to an FAQ about obtaining the registered version of the BDM Marriage Certificate later in this link.

Many Marriage Celebrants offer an obligation free interview.  This enables you to see at first hand what each Marriage Celebrant can offer you, what is included in their fee and what are the likely additional charges, given your requirements and circumstances.  Marriage Celebrants differ in this regard - some give an all inclusive cost whilst others charge extra for the use of, for example, their own Public Address system.  

Irrespective of how you make your choice, it is important for you to feel comfortable and confident that your ceremony will be conducted professionally, competently and with a sense of occasion by a Marriage Celebrant who will compliment your special day.  Engaging the right Marriage Celebrant for you makes all the difference to the quality of your ceremony.  Cost, therefore, is not the only factor to be considered.

A good tip is to avoid a Marriage Celebrant who makes you feel uncomfortable in any way.   For example, the one who, when your phone or who, at your first meeting with him/her even though it is on an obligation free basis, pressures you into signing up on the spot.   In this case, politely extract yourself from the phone conversation or walk away (as the case may be) and find another Marriage Celebrant.

Do we have any obligations to our Marriage Celebrant once we have organised our wedding with him/her?

Do we have any obligations to our Marriage Celebrant once we have organised our wedding with him/her?

You do have obligations to your Marriage Celebrant once he/she is engaged by you.  Most Marriage Celebrants will have you sign an Agreement which sets out these matters.   This Agreement is actually a contract between you and your chosen Marriage Celebrant.  A typical Agreement would include the following.

(a) The payment of the full amount of his/her fee by the required date which will, in all situations, be prior to your wedding.

(b) Advising your Marriage Celebrant prior to making any change to the time of your wedding - as it is quite possible that your Marriage Celebrant may have another commitment at this new time and will be therefore unable to perform your ceremony at the new time.

(c) Advising your Marriage Celebrant of any change to the location of your marriage ceremony as soon as such a decision is made.  The same applies if you are planning an outdoors wedding.  In this case, however, your Marriage Celebrant - during the planning stages - will have enquired as to what contingency plans you have in place in the event of wet weather.  Nevertheless, you should never assume that your Marriage Celebrant can read your mind - so in the case of an 11th hour switch of venue owing to bad weather conditions or anything else, you must always contact your Marriage Celebrant, or have someone contact him/her on your behalf as soon as you make the decision to switch.  The onus for this rests with you.

Does the Marriage Celebrant we engage have to belong to a professional association?

Does the Marriage Celebrant we engage have to belong to a professional association?

No, your Marriage Celebrant does not have to belong to a professional Marriage Celebrants' association.  Having said this, however, there are many advantages to be gained by choosing a Marriage Celebrant who is a member of a professional association such as the ACQ.  For example, the ACQ has the facility to pass on quickly all relevant and important information from either the Attorney-General's Department or from the Registry of Births, Deaths and Marriages regarding changes to legislative requirement or other news and information.  The ACQ also facilitates on-going professional training for its celebrants as well as convening meetings which afford its members many opportunities to network for the purpose of exchanging ideas and so keep their knowledge and practice as current and relevant as is possible, and to provide back-up support when necessary.

What fee do we pay to secure the services of a Marriage Celebrant?

What fee do we pay to secure the services of a Marriage Celebrant?

Your Marriage Celebrant will charge you a fee (which is usually a non-refundable fee) when you meet with him/her to complete the Notice of Intended Marriage (NIM).  It is not a booking fee as such, as amongst other things it covers the Marriage Celebrant for the meeting time, the initial legal work and associated paperwork and for making a number of his/her relevant resources available to you.  Payment of this fee also secures your chosen date and time for your wedding.

Each Marriage Celebrant has different terms and conditions in regard to their fees and refund policy.  These aspects should be outlined clearly in his/her Statement of Fees and you should be made aware of all possible costs at the outset.

How many meetings must we have with our Marriage Celebrant?

How many meetings must we have with our Marriage Celebrant?

The number of meetings is not stipulated and Marriage Celebrants differ in this regard.  However, from a reasonable perspective, you would need to meet a minimum of two times with your Marriage Celebrant.  The first meeting concerns the signing of the Notice of Intended Marriage, the provision of contact details etc and various other matters such as a preliminary exchange of ideas about the type of wedding you would like to have and what your Marriage Celebrant can provide.   The second of these meetings would be held quite close to your wedding date at a mutually convenient time.  At this meeting you will be required to sign a document referred to as Form 14 in which you declare that there is no legal impediment to your marriage to one another.  Apart from this, this second meeting allows you to perhaps refine your ceremony and/or any of its staging aspects as well as practicing certain parts of the ceremony (e.g. the exchange of vows and the exchange of rings), to pay the balance of the Marriage Celebrant's fee (if you have not already done so), and generally attend to any other outstanding matters.

How much does a Marriage Celebrant cost?

How much does a Marriage Celebrant cost?

In considering the budget you plan to set aside for your Marriage Celebrant, you should note that the time the Marriage Celebrant spends at your wedding is only "the tip of the iceberg".

Your Marriage Celebrant fulfils a very important part of your wedding, a significant highlight moment in your life.   Think of the cost in terms of making an investment:  one which ensures that you engage a quality Marriage Celebrant and, as such, the cost is only one aspect to be considered.  

It is difficult to be categorical about what your Marriage Celebrant should charge you as you will find that the cost varies depending on your geographical locality and what each Marriage Celebrant considers to be reasonable, fair and commensurate with the services provided.  It is certainly the case that a Marriage Celebrant spends a considerable period of time on you and your ceremony and there are other overheads (e.g. running costs for a small business) which the Marriage Celebrant has to meet.

Having said that, however, you should ensure that when speaking of costs with your Marriage Celebrant, you are told in the first instance of the full extent of what the charges will be:  a figure which includes any "add-on" possibilities.  

Some Marriage Celebrants structure their fee so that it is all inclusive whilst others may add an extra charge for the use of his/her equipment such as, for example, a Public Address system.  There are also a minority of Marriage Celebrants who will charge you an additional fee should your ceremony start later than the announced  starting time.

As stated above, your choice of Marriage Celebrant should not be based solely on a cost consideration.  Remember, you are trusting the most important part of your wedding day to the Marriage Celebrant you choose.  It is, therefore, good advice to select one with whom you have an easy rapport and with whom you can plan the exact marriage ceremony that you want.

Why does a "civil" Marriage Celebrant's cost vary from one paid to a Religious Celebrant?

Why does a "civil" Marriage Celebrant's cost vary from one paid to a Religious Celebrant?

A "civil" Marriage Celebrant has far more flexibility in regard to the time of day, the venue for your wedding and the ceremony content than that which can be offered by a Religious Celebrant.  This means that a "civil" Marriage Celebrant devotes a considerable amount of time to you and your ceremony not to mention that there may be some travelling involved:  something that is not usually the case with a Religious Celebrant.  Another important difference is that your "civil" Marriage Celebrant is not being paid a wage by a church or other religious organisation and furthermore, Marriage Celebrants are also required to pay for overheads necessary in running a small business (which may include GST) and, of course, income tax on the fee you pay them.

Does a Marriage Celebrant have to hold a rehearsal?

Does a Marriage Celebrant have to hold a rehearsal?

Under the Code of Practice for Marriage Celebrants, your Marriage Celebrant, if requested by you, will conduct a rehearsal for you.   However please remember that, in this case, your Marriage Celebrant is entitled to charge an additional fee for this service:  a fee which should be outlined in his/her Statement of Fees and discussed with you at your first meeting with him/her.

In many cases, having a simple "run-through" of certain aspects of your ceremony with your Marriage Celebrant (as opposed to a rehearsal per se) at your Marriage Celebrant's home or office may not necessarily attract an additional fee.  Again, this can be discussed with your Marriage Celebrant at your first meeting with him/her.

Does a Marriage Celebrant travel away from his/her local area?

Does a Marriage Celebrant travel away from his/her local area?

Yes, most Marriage Celebrants are prepared to travel some distance from their homes, but there may be some who would prefer not to.  However, you may have to pay an additional charge for mileage depending on the distance to be travelled;  and if you require your Marriage Celebrant to travel other than by their own vehicle, you are responsible for the cost of airfares, ferry tickets or the like.  You would therefore be well advised to check on this aspect with your Marriage Celebrant when you first enquire about the services he/she can provide.

Do Marriage Celebrants have to provide a portable Public Address (PA) system?

Do Marriage Celebrants have to provide a portable Public Address (PA) system?

The number of guests at your wedding and its location will determine whether a PA system is necessary.  

But having said this, Marriage Celebrants are obliged to ensure that all guests can adequately hear the ceremony.  The majority of ACQ Marriage Celebrants have their own PA systems to use where circumstances demand.   However, as mentioned above, some Marriage Celebrants may charge an additional fee for the use of their equipment whilst others include this facility at no extra cost.

How long before the wedding does the Marriage Celebrant have to arrive?

How long before the wedding does the Marriage Celebrant have to arrive?

According to the Code of Practice for Marriage Celebrants, your Marriage Celebrant should arrive at the venue for your ceremony no later than the time that had been agreed with you in your discussions with him/her prior to your wedding.  Your Marriage Celebrant should allow sufficient time for laying out the required paperwork and for setting-up and testing his/her equipment (if it is to be used) in a timely manner.

However, where your Marriage Celebrant has been engaged to perform other marriages on the same day as yours, the Code of Practice for Marriage Celebrants stipulates very clearly that he/she must be available at the venue for your marriage ceremony at least 20 minutes before the agreed commencement time (unless, of course, the Marriage Celebrant in question will be conducting consecutive ceremonies at the same venue).

What happens if we wish to change Marriage Celebrants?

What happens if we wish to change Marriage Celebrants?

If for some reason you need to change your Marriage Celebrant you will need to obtain the NIM that you lodged with the original Marriage Celebrant and give it to your new Marriage Celebrant,  or you may fill in a new form and wait a further month.  You should note, however, that in the majority of cases if not all, you would have paid your original Marriage Celebrant a non-refundable fee and if you are completing a second NIM, the new Marriage Celebrant, by right, will also charge you a non-refundable fee to repeat this process.

Should you find that you do wish to change your Marriage Celebrant, needless to say, you should be advising the first Marriage Celebrant as soon as possible that you are no longer requiring his/her services and also of the reason for your change of mind.

I have heard that, to change my name on my bank account, I cannot use the Marriage Certificate presented to us on the day of our marriage.  Is this correct?

I have heard that, to change my name on my bank account, I cannot use the Marriage Certificate presented to us on the day of our marriage. Is this correct?

Yes this is correct.   The Marriage Certificate presented on your wedding day is merely proof that your marriage took place.  The reverse side of the Marriage Certificate advises of this situation.

What you will need for change of name purposes is the registered version of your Marriage Certificate from the Registry of Births, Deaths and Marriages (BDM).  BDM, however, charge a small fee which normally is over and above the fee you pay to your Marriage Celebrant.  However, many Marriage Celebrants will be happy to facilitate your application to BDM if you wish, and in this way they would act as a conduit between yourself and BDM by submitting your application (and payment for same) at the same time as they lodge the other marriage documents.

Additionally, you should also be aware that you will need the BDM registered version of your Marriage Certificate to change your name on your passport and on your driver’s licence.  Professional Registration Boards (e.g. Medical, Nursing) and some employers also will only accept the BDM version for change of name purposes.  Please check with your employer what is the case in your situation.

If none of these situations present (for example you are not changing your name), you are not obligated to obtain the BDM registered Marriage Certificate.  This would then become a matter of choice.

Can I marry my same-sex partner?

Can I marry my same-sex partner?

No, this is not permitted.  The Marriage Act 1961 is very clear in stipulating that a marriage is "... the union of a man and a woman to the exclusion of all others ...".

However, it is possible for a Marriage Celebrant to act as a generalist celebrant and conduct a love commitment ceremony for you and your partner.  This is permitted provided the ceremony does not purport to be a legal marriage.   In such a case, your Marriage Celebrant would prepare a Certificate of Commitment for you and your partner to be signed by yourselves and your witnesses during the ceremony.

What is the situation in cases where there has been a change of gender?

There is now a case law precedent (arising from the case of "Kevin" heard in the Family Court of Australia) to the effect that a post operative trans-sexual female to a male person is a "man" for the purposes of the Marriage Act 1961 and as such, is able to enter into a valid marriage with a woman.

The decision of the Family Court does not affect the definition of marriage in Australia - it remains as "... the union of a man and a woman to the exclusion of all others ...".  The parties to a valid marriage must be a man and a woman.  The issue in the case was the status to be assigned to "Kevin" who had undergone sexual reassignment surgery and had been issued with a new birth certificate in New South Wales to reflect his reassignment as a male.  The decision is only applicable in a post-operative trans-sexual situation.

This decision means there are circumstances in which a person who has undergone sexual reassignment surgery may be able to marry in their reassigned gender as long as they fall within the parameters set down in the decision in the case of “Kevin“.