What has to be included in a wedding ceremony? Marriage Legals 101
Whether you're completing the legal marriage paperwork at your kitchen table or having a huge wedding, there are some things that must be included in your Australian marriage ceremony in order for you to be legally wed at the end of it.
Legal requirements for an Australian marriage ceremony
Before the marriage, elopement or wedding ceremony
The people getting married must:
complete some legal marriage paperwork
Five people at the marriage, elopement or wedding ceremony
The marriage ceremony must have a minimum of 5 people present:
the couple
the celebrant
two witnesses aged 18 or over, who will sign the marriage certificates.
It’s totally ok to have only these five people present, which is awesome news for couples wanting minimum-fuss ceremonies.
Legal wording that must be included in a wedding marriage ceremony
There are approximately 120 words that legally must be spoken, in two sections, in a marriage ceremony:
The Monitum (which the celebrant says) and
Legal Vows (which each marrying partner says)
The Monitum
The Monitum - the legal wording that explains the nature of the marriage relationship - must be said by the Commonwealth Registered Marriage Celebrant (that’s me) during your ceremony before any vows are spoken. It's also a requirement that I introduce myself by name as the Celebrant.
The Monitum is:
“I am duly authorised by law to solemnise marriages according to law. Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter. Marriage, according to law in Australia, is the union of two people, to the exclusion of all others, voluntarily entered into for life.”
While it reads as a bit of a snore, don’t worry, I’m an actor who has been bringing words to life for over 30 years! I don’t say it all in one go - I usually include the first sentence in my introduction, and the rest just before the vows.
Legal Vows
There is a short statement that both partners must say:
"I ask everyone here to witness that I [Full Name], take you, [Full Name], to be my lawful wedded [wife/husband/spouse/partner in marriage].”
These mandatory words must include your legal given names, not nicknames.
Legal Paperwork that must be signed at the Marriage Ceremony
After The Monitum and the Legal Vows comes The Signing of the marriage paperwork.
The Signing of the Marriage Certificates
There are two copies of a certificate listing the details of your marriage - one is my copy, and the other is for Births, Deaths and Marriages - and a fancy certificate that you get to take home with you on the day.
All three Marriage Certificates are signed by the couple, the two witnesses and the celebrant. That's 15 signatures in total, and usually takes around 3-5 minutes,.
Not a legal requirement, but best practice
I also always include an Acknowledgement of Country in my ceremonies.
What else should be in a wedding ceremony?
The only other things that ‘should’ be in your wedding or elopement ceremony are things that light both of you up and truly reflect the two of you and your relationship.
These may include things like:
walking down the aisle
a ring exchange
Most articles answering this question "What has to be in a wedding ceremony?" will state things like walking down the aisle, saying I do, and exchanging rings. However, as a celebrant specialising in non-traditional weddings, I don't follow a set cookie-cutter checklist.
I start with what legally has to be included in the ceremony so that you're legally married at the end of it. I then work with my couples to only add in any other non-legal elements that really resonate with them, to co-create deliciously meaningful non-traditional ceremonies.
