18/06/2024
A significant change has been made to the obligations of a celebrant prior to solemnising a marriage.
The case has always been that an authorised marriage celebrant must be satisfied that each party to the marriage is providing real consent before the marriage is solemnised. This obligation has not changed, however, from 12 June 2024 all authorised marriage celebrants are required under the Marriage Act 1961 (the Marriage Act) to meet with each party to the marriage separately and in person before they solemnise the marriage.
This applies to all legal marriages and all authorised celebrants, including Commonwealth-registered marriage celebrants, ministers of religion of a recognised denomination and State and Territory officials authorised to solemnise marriage.
Under the Marriage Act 1961, a person’s consent to a marriage is not real consent if it was obtained by duress or fraud; a party is mistaken as to the identity of the other party or the nature of the ceremony performed; or a party does not have mental capacity to understand the nature and effect of the marriage ceremony.
A separate meeting with each party must take place before a marriage is solemnised, regardless of when the NOIM was received. The timing and duration of a separate meeting with each party is at the discretion of the celebrant and the marrying couple, provided it takes place before the marriage is solemnised.
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