We all make promises to other people, sometimes face to face, sometimes over the phone, sometimes in passing a conversation (implicitly), sometimes with conditions, sometimes without meaning to, sometimes by speaking quietly, sometimes by making that promise to ourselves. oneself with respect to another person, and of course, sometimes formally, by signing a legally binding document (in a contract) or in some other official or business situation.
In relationships, people can make promises to each other in a very informal way, like when a woman says to her lover, “We’ll be together forever, right?” and he replies: “Yes, my love, forever.”
But that does not constitute a marriage, not because the intention is not as sincere and genuine as any other vow, but because marriage in Australia has specific requirements to be recognized as such. These requirements include the need to have two formal witnesses present while the legal wording and wedding vows are being said. This is part of the requirements of section 44 of the Marriage Act 1961.
How many people should be present at the wedding?
The smallest possible wedding for a legal marriage ceremony in Australia is 5 (five): the bride, the groom, the celebrant and the two witnesses. It is not possible for a valid marriage ceremony to include only the bride, groom, and celebrant.
The celebrant cannot be one of the witnesses.
There is nothing to prevent a family member from being a witness. Likewise, it is not necessary for the witnesses to be Australian citizens. However, they must be over 18 years of age. They have an important function as part of the marriage ceremony.
Of course, a wedding does not have to be limited to the minimum: there can be hundreds of people present if the bride and groom wish!
What do the witnesses testify?
Everyone present at a marriage ceremony is, of course, a witness to the ceremony. However, there are two formal witnesses whose specific function is legally required. The Marriage Act 1961, Section 45(2), provides that vows must be pronounced in the presence of the authorized celebrant and witnesses.
Witnesses must also be there to witness the authorized celebrant’s state, as provided by the Marriage Act 1961, Section 46, that he/she is duly authorized by law to solemnize the marriage in accordance with the law. The Registered Marriage Celebrant specifically addresses the fact that the couple will be joined in marriage in their presence and in the presence of “these witnesses.”
Do witnesses need to sign anything?
Both witnesses must sign all three copies of the marriage certificate. It is not possible for someone else to sign on her behalf, nor for witnesses to say they will sign later. To comply with the requirements of Section 50 of the Marriage Act 1961, the signature must be immediately after solemnizing the marriage.
It’s part of the ceremony, actually. The Celebrant of the Marriage will record that the Signing of the Registry will take place; during that period, there is usually music or some other element to arouse the interest of the wedding guests. The signing process usually takes approximately 5 minutes; it may take a little longer, but it is rarely less.
Will any witness help?
While anyone over the age of 18 can be a witness, that doesn’t mean the couple can pull two strangers off the street to be their witnesses, moments before the ceremony. Marriage Certificates will have been prepared for the ceremony, including the names of the witnesses (requiring only their signature at the appropriate time of the ceremony).
The couple must have communicated the names of the witnesses to the Registered Marriage Celebrant sufficiently in advance to allow the necessary preparations.
“I can provide the witnesses”, is that true?
It is neither recommended nor desirable that the two witnesses to a couple’s marriage be provided by the Celebrant of the Marriage. The reason for this is that it puts everyone involved in an unfair position if any questions related to the marriage arise.
The Explanatory Material provided by the Attorney General’s Department to Registered Marriage Celebrants addresses this issue. Explain that there is a particular object in requiring the attendance of witnesses to the ceremony, that is, their evidence will be available if the identity of the bride or groom is in doubt, or if the circumstances in which the ceremony took place ceremony was performed entering into question. This is exactly why witnesses must be “people who know the parties to the marriage.”
It explicitly states that the provision of witnesses is “the responsibility of the parties to the marriage.” A marriage celebrant should in no way advertise her ability to provide witnesses to the ceremony. If a celebrant is asked to provide witnesses for the ceremony, it “could raise suspicions about the propriety of the marriage,” and this is something no groom and bride would want!
There may be rare cases where the bride and groom are unable to provide witnesses, but the celebrant is satisfied with the authenticity of their relationship and identity. It is for the Celebrant of the Marriage in such extraordinary cases to make a decision on the provision of witnesses. But typically such requests “should not be granted,” as stated by the Attorney General’s Department.
Can witnesses be assistants?
If the bride wants her bridesmaid to be her witness, that is perfectly acceptable. The same is true if the groom wants her best man to be her witness.
Since witnesses have an important role to play in the purpose and legality of a wedding, it is a privilege and an honor to be asked to play that role. There are no words to say, no special requirements, no need to do anything at the ceremony except listen to what is said and sign the Marriage Certificate as witnesses. The Celebrant of the Marriage will guide the witnesses so that they come to the Signing of the Registry at the opportune moment.