From June 12, 2024, all authorised marriage celebrants in Australia will need to meet with each party to a marriage separately and in person before officiating a wedding. This is now a mandatory requirement under the Marriage Act 1961 and aims to ensure that both parties are entering the marriage freely, voluntarily, and with full understanding.
Who Does This Apply To?
This regulation applies to all authorised celebrants, whether they are Commonwealth-registered marriage celebrants, ministers of religion from recognised denominations, or state and territory officials.
Why the Change?
While ensuring real consent has always been essential under the Marriage Act, this new requirement introduces a specific step to strengthen protections. Celebrants must be confident that no coercion, threats, or undue pressure are influencing either party.
Real consent is defined as absent if:
Consent was obtained through duress or fraud.
A party is mistaken about who they are marrying or the nature of the ceremony.
One party does not have the mental capacity to understand the significance of the marriage.
Important: It is a criminal offence to cause someone to enter into a forced marriage.
When Do These Separate Meetings Need to Happen?
The separate meeting must take place before the wedding ceremony, regardless of when the Notice of Intended Marriage (NOIM) was lodged. If a NOIM is transferred to a new celebrant, the new celebrant must also meet with both parties individually.
How to Conduct the Separate Meetings
The separate meetings should be conducted in a private, safe setting where each party can speak freely. The goal is to confirm that each individual understands and agrees to the marriage of their own free will.
Location: Public venues (e.g., cafes) are acceptable, as long as the privacy of the conversation is maintained.
Accompaniment: A party may choose to have a trusted person with them. If someone else’s presence appears to be coercive, exercise caution and consider a follow-up discussion by phone.
Record Keeping: Keep a confidential record of these meetings, noting the presence of anyone else and your observations. These records are vital if you are ever called upon to provide evidence in court.
What If You Have Concerns About Consent?
If a celebrant senses that real consent is not being given, they should not proceed with the marriage. You might offer to conduct a non-binding commitment ceremony instead, with the option to legally marry at a later date.
Privacy and Safety Considerations
Always prioritise the safety and privacy of both parties. If you have concerns, avoid contacting third parties (family members, interpreters) without express permission, and be mindful that text messages, emails, or voicemails could be intercepted.
Finally.
As a celebrant, it’s our responsibility to ensure that every marriage is entered into legally and freely.
This new requirement formalises what has long been a best practice—establishing real consent. For additional support or guidance, reach out to the expert services available. This is a crucial step in protecting the integrity of marriage and upholding the law.
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