I’m going to start with the most obvious thing but it’s something I get asked to do a lot and I can’t.
YOU CANNOT PRETEND OR FAKE GETTING MARRIED. Yes, I’ve bolded it because it is THAT important.
And you’re probably thinking well, yeah, of course, why would anyone think they could do that? Let me give you a scenario. Brad and Glen got married overseas in 2011 because same sex marriages weren’t performed or recognised in Australia at the time. Fast forward way too many years and Australia has finally realised it was being a d*ck and same sex marriages are now a thing. Brad and Glen think “yippee” now we can have the wedding we always wanted, with all our friends present, and get married again in Australia.
BZZZZZ – that’s the wrong answer.
Brad and Glen can indeed have a wedding but they can’t have a marriage ceremony. To show this is not just me being mean and it is actually law I’ve grab the relevant wording straight from the Marriage Act 1961 (the big book which has all the laws Celebrants in Australia have to follow).
Before I do though… let’s open the dictionary and learn about the word PURPORT.
Purport
appear to be or do something, especially falsely.
You’ll soon learn why this word is important. So the Marriage Act says this about two people who are already married.
(1) Except in accordance with this section:
(a) persons who are already legally married to each other shall not, in Australia or under Part V, go through a form or ceremony of marriage with each other; and
(b) a person who is authorised by this Act to solemnise marriages shall not purport to solemnise a marriage in Australia or under Part V between persons who inform the first‑mentioned person that they are already legally married to each other or whom the first‑mentioned person knows or has reason to believe to be already legally married to each other.
The Marriage Act 1961
Part B is for me. Basically saying that if I know, or suspect, two people are already married to each other I shouldn’t marry them again or purport (pretend) to marry them.
Now let’s get into other areas that are slightly more grey with a few examples.
Kylie and Jason are having a baby and it’s important to them to be married before the little bundle of love arrives. So they contact a celebrant, sign the papers, wait a month, say the words and wham bam they are married (The full process is outlined here). They don’t tell anyone except a few key people and keep it pretty on the downlow that they are now Mr and Mrs.
Fast forward a year and Kylie, Jason and little Jason Jr are thinking they should have that wedding they always wanted… the full bit, photographers, white dress, suits and a debt that will follow them for the next 10 years! Bring it on… Only, they want it to seem as much like a wedding as possible and they want people to think that THIS is the day they get married.
BZZZZZ – Sorry Kylie and Jason no can do. Any celebrant, who is doing the right thing, is going to insist that at the start of the ceremony there is some declaration to let guests know that this is not a legal marriage ceremony and is just a commitment ceremony. Why? Because part B. Celebrants can not purport to marry any couple who are already married. The guests in attendance need to know that the ceremony that is happening is not real.
So Kylie and Jason are sad but they deal with it, they do all the things that a wedding would have big party, kick ass DJ, amazing clothes and at the start of their ceremony the celebrant says something like…
Today we are here to celebrate Kylie and Jason. Although their actual marriage happened before Jason Jr was born, today is the day where they share the lifelong commitment with their family and friends. Today is just as special, as the day they legally said their “I do’s!”.
But say Kylie and Jason aren’t happy with that scenario, they beg and plead with the celebrant to pretend it’s a real wedding. The celebrant says No (good celebrant!) and so Kylie and Jason find someone, a friend of a friend who says “No dramas, I’ll just do the ceremony, photoshop some certificates for you to sign, and no one will ever know the difference.”
Big BZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ!!!
Let’s go back to that pesky thing called “The Marriage Act 1961”
101 Solemnisation of marriage by unauthorised person
A person shall not solemnise a marriage, or purport to solemnise a marriage, at a place in Australia or under Part V unless the person is authorised by or under this Act to solemnise marriages at that place or under that Part, as the case may be.
Penalty: Imprisonment for 6 months or 5 penalty units.
The Marriage Act 1961
In layman’s terms, a person who is not allowed to marry people, cannot marry or pretend to marry people and if they do, well I hope they like “Orange Is The New Black.”
What does this all mean? Well, it’s just like anything. You need to do your own research, know all the things so when it comes to making a decision about how and when you legally get married you know the full story. Do it your own way (I’m 100% behind that!) but now you know the legalities behind it, it might help you decide who’s there and how you do it.
Got questions? Leave them below and I’ll happily answer them.
