Frequently Asked Questions

FAQ’s

What does a Marriage Celebrant do?
A Marriage Celebrant is the person that officiates and legalises your marriage.  Marriage Celebrants are trained professionals that are skilled in the legalities of getting married, and will assist you in putting together a personalised ceremony.  All celebrants are encouraged to offer a choice of ceremonies, or to assist the couple in writing their own. The celebrant will ensure your Ceremony complies with the requirements of The Marriage Act 1961, and will officiate at your ceremony on the day.

Do Marriage Celebrants travel?
Yes - Celebrants often travel many kilometres beyond their home/office to officiate at weddings.   Please check with your celebrant about travel costs where applicable.

How do we choose a Celebrant?
The Association of Civil Marriage Celebrants Queensland (ACMCQ) is committed to helping couples locate a qualified and professional celebrant that will work with you to create a wedding ceremony that suits you.

Use our comprehensive search facility to locate a Celebrant from various suburbs near your area, or the location of your ceremony.  You should feel comfortable with your celebrant and feel confident that he/she suits your needs and will complement your special day.  Call and make an appointment to meet the celebrant or chat by phone.

Do they have to provided a portable PA system?
Celebrants must ensure that all persons at your ceremony can adequately hear the ceremony.  The majority of our celebrants do have their own PA systems, however some celebrants may charge an additional fee for this service.  Numbers of guests and the location of ceremony may impact on the need for a PA system.

How long before the wedding does the Celebrant have to arrive?
According to the Celebrant Code of Conduct, all celebrants must arrive at the ceremony at least 20 minutes beforehand (unless an alternative arrangement has been made with the couple).

Don’t they have to offer a rehearsal?
Yes, if requested by the parties, Celebrants must provide a rehearsal before your wedding day, however please remember that Celebrants are entitled to charge an additional fee for this service to cover their time and/or travel to the location.

What is a Booking Fee?
A booking fee is the initial payment a celebrant requests to confirm your chosen date and time as a confirmed and secured booking.  In most cases this fee is non-refundable, and covers the time and administration costs of the celebrant in lodging your Notice of Intended Marriage, and providing you access to relevant resources.  Each celebrant has different terms and conditions.

How much does a Civil Marriage Celebrant Cost?
Just like a good wine, celebrants can vary in price.  The ACMCQ recognises the importance of providing couples with a great standard of service at a fair and reasonable price.  Although all celebrants are entitled to charge what they consider reasonable, we recommend you budget between $450 to $650 for your celebrant… and remember… you will be trusting the most important part of your Wedding day to the celebrant you choose.  Don’t choose your celebrant on price alone.  Make sure you get the best person to help you plan and perform the exact marriage ceremony that YOU want.

Why does a Civil Marriage Celebrant's cost vary from Religious Celebrants?
A Marriage Celebrant is usually offering you a service that is far more flexible in time, place and content than a Religious Celebrant can, and it is important to note that your Celebrant is not being paid a wage by a church or religious organisation such as a Minister or Priest ordinarily would be. A Civil Marriage Celebrant is not required to adhere to any one particular belief or doctrine, and is able to conduct a ceremony any time and place.  Therefore the fee they set is indicative of the level of service they provide.

What is the Notice of Intended Marriage Form (known as the “NOIM” or “NIM”)
You must give a completed Notice of Intended Marriage form to an authorised marriage celebrant within 18 months of your proposed marriage and no later than one month and one day prior. All marriage celebrants have the necessary paper work to perform your marriage.  When meeting with your celebrant, ensure that you have all your required documentation with you eg birth certificates (original) and evidence that any prior marriage has been dissolved.

What is a Shortening of Time?
It is possible to shorten the minimum notice time for a marriage to less than a month if special circumstances set out in the regulations are met. You need to approach a Prescribed Authority for approval (please discuss this with your Celebrant).  Prescribed authorities (usually at your Local Court or Registry officials) can shorten the required period of notice if they are satisfied that circumstances prescribed in the regulations are met.

There are the five categories of circumstances set out in the regulations.  These are:

1.     Employment related or other travel commitments,
2.     Wedding or celebrant 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 shortening of time outside these circumstances. Shortening of time is not automatic. When making a decision the Registry of Births, Deaths and Marriages or prescribed authority will weigh up the information provided in support of the application and may seek additional information as outlined in the regulations. 

A list of Prescribed Authorities may be found at the following address:

http://www.ag.gov.au/mclisting

Transfer
If for some reason you need to change your marriage celebrant you will need to obtain the Notice of Intended Marriage form that you lodged with the original celebrant and give it to your new celebrant or fill in a new form and wait a further month.  The original celebrant may charge a fee for work performed when passing on the form.

If you are currently seeking a divorce
You can lodge a Notice of Intended Marriage Form with a marriage celebrant prior to your divorce proceedings being finalised.  However, celebrants will ensure that they take note of the date when the decree becomes absolute as a marriage can only take place after that date.  The marriage cannot be performed until the divorce is finalised.  As from 1 July 2002, the Family Court and Federal Magistrates Court ceased issuing separate documents for a decree nisi of dissolution of marriage and a decree absolute.  They now issue a document headed "Certificate of Divorce" which contains the date of both the decree nisi and the decree absolute.  This certificate is evidence of divorce for the purposes of solemnising a marriage (see section 42(10)).  If you were divorced prior to that date you will need to show the celebrant a copy of the decree absolute.

Participating in a Marriage Ceremony
People not authorised as marriage celebrants may participate in aspects of a marriage ceremony. However, an authorised marriage celebrant must fulfil all the legal requirements for solemnising the marriage. These include:

• to consent to be present as the responsible authorised marriage celebrant,
• to take a public role in the ceremony,
• to identify themselves to the assembled parties, witnesses and guests as the celebrant authorised to solemnise the marriage,
• to be responsible for ensuring the validity of the marriage according to law,
• to say the words required by section 46 in the presence of the parties, the formal witnesses and the guests before the marriage is solemnised,
• to be in close proximity (ie nearby) when the vows required by section 45(2) are exchanged because it is the exchange of vows that constitutes the marriage and the authorised celebrant should ensure that they see and hear the vows exchanged,
• to be available to intervene (and exercise the responsibility to intervene) if events demonstrate the need for it elsewhere in the ceremony,
• to be part of the ceremonial group or in close proximity to it, and
• to sign the papers required by the Act.
  

Getting Married Overseas
For information on getting married overseas please contact the Embassy or other diplomatic mission of the country concerned.  If that country requires you to get a certificate of no impediment to marriage, contact the Department of Foreign Affairs and Trade on (02) 6261 3015.

Marriage to a Relative
The Marriage Act prohibits people marrying:

• an ancestor or descendant, or
• their brother or sister (whether whole blood or half-blood siblings)

These restrictions also apply to adoptive relationships even if these have been annulled, cancelled, discharged or cease to be effective for any reason (for example, due to a subsequent adoption order being made).

This means, for example, that a person cannot marry their parent, grandparent, child, grandchild, brother or sister. However, a person may marry their aunt or uncle, niece or nephew, "first" cousin or step-sibling.

Same-Sex Commitment Ceremony
Section 5 (1) of the Marriage Act 1961 defines marriage as "...the union of a man and a woman to the exclusion of all others, voluntarily entered into for life."  This definition was added to the Act in August 2004. Accordingly, it is not possible for same sex couples to marry under existing Australian law.

It is not illegal to conduct commitment ceremonies between same-sex couples provided that they do not purport to be legal marriages.

Change of Gender
In his decision in the case of Re Kevin, Chisholm J of the Family Court decided that a post operative transsexual female to male person is a "man" for the purposes of the Marriage Act and was able to enter into a valid marriage with a woman. On 21 February 2003, the Full Court of the Family Court upheld the original decision. 

The decision of the Full Family Court does not affect the definition of marriage in Australia as "the union of a man and a woman to the exclusion of all others voluntarily entered into for life".  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 to the male sex.  The decision is only applicable to post-operative transsexuals.

This decision means there are circumstances in which a person who has undergone sex 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 Re Kevin.

Becoming a Civil Marriage Celebrant
The Marriage Celebrants Program was established in 1973.  It enables the appointment of suitably qualified people to perform marriages and provides couples with a meaningful alternative to Registry Office and mainstream church weddings.

For additional information about becoming a CMC visit http://www.ag.gov.au/celebrants

The information above has been providing in good faith by ACMCQ members Christine Reid and Andrew Sinclair.  The writers and ACMCQ have endeavoured to ensure that this information is correct however please check with your ACMCQ member for up-to-date information.

This page was last updated on 1 January 2008.