This is the official site of the Australian Government Marriage Celebrants Program. This page aims to provide some information about current issues relating to the Marriage Celebrants Program. Updates will be made to this page regularly.
Becoming a marriage celebrant
For marriage celebrants
For training organisations
Recognised denominations
Becoming a marriage celebrant
Applying to be Commonwealth-registered marriage celebrant
A person who applies to be registered as a marriage celebrant must hold the Certificate IV in Celebrancy (CHC42608) or an equivalent university qualification to meet the qualification requirement for registration.
Applicants must also satisfy the Registrar of Marriage Celebrants that they are a fit and proper person to be registered as a marriage celebrant.
The Becoming a celebrant page contains further detail on the application process and important information on the Certificate IV in Celebrancy, including:
- the elective units required as part of the qualification for registration as a marriage celebrant, and
- the requirements for delivery of those units (certain attributes trainers must have and minimum training materials to be used)
Different criteria for registration apply to people who are fluent in an Australian indigenous language(s). If you wish to apply under this criterion, please email marriagecelebrantssection@ag.gov.au .
For marriage celebrants
Important changes to how the one month notice period is calculated – new December 2011
Section 42 of the Marriage Act 1961 requires the parties to an intended marriage to give the authorised celebrant at least one month’s written notice prior to the solemnisation of the marriage. This notice is known as the Notice of Intended Marriage.
The term ‘month’ is defined in the Acts Interpretation Act 1901. The Acts Interpretation Act was recently amended by the Acts Interpretation Amendment Act 2011. From 27 December 2011, section 2G of the Acts Interpretation Act provides that in any Act, ‘month’ means a period:
- starting at the start of any day of one of the calendar months; and
- ending:
- immediately before the start of the corresponding day of the next calendar month
- or if there is no such day – at the end of the next calendar month.
For example:
- a month starting on 15 December in a year ends immediately before 15 January in the next year. (If a NOIM is given to the authorised celebrant on 15 December, the first day the marriage can be solemnised is 15 January)
- a month starting on 31 August in a year ends at the end of September in that year because September is the calendar month coming after August and does not have 31 days. (If a NOIM is given to the authorised celebrant on 31 August, the first day the marriage can be solemnised is 1 October); and
- a month starting on 29, 30 or 31 January ends at the end of February in that year because February is the calendar month coming after January and does not have 31 days. (If a NOIM is given to the authorised celebrant on either 29, 30 or 31 January, the first day the marriage can be solemnised is 1 March. This applies regardless of whether it is a leap year.)
Important information
- the changes to the Acts Interpretation Act takes effect from 27 December 2011, and
- the information contained in the current Explanatory Material on the Marriage Act 1961 for Marriage Celebrants (November 2008 edition) regarding the calculation of the one month period is no longer current
Marriage Celebrants Program Reform – Updated November 2011
In the Federal Budget delivered on 10 May 2011, the Government announced a measure to improve the Marriage Celebrants Program. This aims to improve and strengthen the financial viability of the Program over the longer term and the professionalism of marriage celebrants registered by the Commonwealth.
National consultations took place in October and November 2011. The Department would like to thank those who attended the face-to-face meetings and/or provided written feedback for their valuable input. This will greatly assist the Government to take the reforms forward.
For further information, please see the Marriage Celebrants Program Reform page.
Information Sheet - Consultation on Reforms to the Marriage Celebrants Program
Website updates to 'marriage' pages
The Department is in the process of updating the material on various pages of this website. This will be an ongoing process and we ask for your patience while improvements are being made.
Enquiries – When marriage celebrants need to obtain guidance from the Marriage Celebrants Section
The Department receives a high volume of enquiries each day from marriage celebrants.
As with any enquiry, we strongly encourage you to first consider the guidance provided in the Explanatory Material on the Marriage Act 1961 for Marriage Celebrants and the DVD When Words are not Enough: Some Legal Obligations of a Marriage Celebrant. Many enquiries can be resolved through careful consideration of this material.
Should you consider that further guidance is required, please ensure that you clearly specify the date of the wedding in the subject of your e-mail and allow sufficient time for your enquiry to be carefully considered and responded to. We would appreciate your assistance in making enquiries as early as possible and urge marriage celebrants to not leave enquiries to the last minute.
Further guidance on enquiries—including how to structure an enquiry—was made available to marriage celebrants as part of the 2010 Compulsory Ongoing Professional Development activity. Please review that material.
Conflict of Interest / Benefit to Business - New December 2011
The Department receives a large number of enquiries in relation to conflict of interest and/or benefit to a business issues. In May 2011, AGD distributed a handout to the Coalition of Celebrant Association (CoCA) that set out a range of potential conflict of interest scenarios. CoCA provided their views to AGD on if/where conflict of interest issues exist within these scenarios.
CoCA is now inviting comments on the potential conflict of interest scenarios from all marriage celebrants who may be interested in providing feedback. The feedback will be collated by CoCA and forwarded to AGD. AGD anticipates developing conflict of interest guidelines for marriage celebrants in 2012. If you wish to provide feedback, please visit CoCA’s website for further information.
Marriage vows – section 45 of the Marriage Act 1961
Marriage celebrants may be aware of recent media reports about the legalities of marriage vows. This has led to some confusion and concern in the community.
Marriages previously solemnised by marriage celebrants
As part of solemnising a marriage as a marriage celebrant, you would have completed certificates of marriage with the couple and their chosen witnesses. You should then have forwarded the official marriage certificate, known as the Form 16, and any supporting material to the relevant State or Territory Registry of Births, Deaths and Marriages for registration. Couples are entitled to rely on the official BDM marriage certificate as evidence that the marriage was registered and that it was solemnised in accordance with the vows in section 45 of the Marriage Act.
Clarification of legal obligations
Marriage celebrants should review their legal obligations in relation to vows.
As part of your training to become a marriage celebrant, you would have been provided with information about your legal obligations. This includes requirements for vows under the Marriage Act. Your attention should also have been drawn to the Explanatory Material on the Marriage Act 1961 for Marriage Celebrants which contains detailed information on a celebrant’s legal obligations when conducting marriages, including requirements for vows.
Please refer to pages 30–33 of the Explanatory Material for requirements as to the form of the ceremony under the Marriage Act (vows under section 45). It also contains information about the series of statements that certain celebrants must say under section 46 (known as the monitum). These topics are also covered in the DVD When Words are not Enough: Some Legal Obligations of a Marriage Celebrant.
We recommend marriage celebrants follow this course of action in solemnising marriages for couples.
Your ongoing professional development obligations
Updated information on your ongoing professional development obligations for the registration year 1 January–31 December 2012 and subsequent years is published on the ongoing professional development page.
2012 ongoing professional development arrangements
Reminder: fulfilling your 2012 obligations
Commonwealth-registered marriage celebrants are reminded that they must undertake five hours ongoing professional development (OPD) each registration year (1 January–31 December).
OPD must be completed through one of the registered training organisation on the OPD panel.
Further information is available from the ongoing professional development page.
Updating your contact details
From time to time, important information published on this website is also distributed to Commonwealth-registered marriage celebrants via e-mail or letter (if no e-mail address is available). The Marriage Act 1961 also places an obligation on marriage celebrants to notify the Registrar of Marriage Celebrants in writing within 30 days if their details on the Register of Marriage Celebrants change.
To ensure that you meet your obligations and receive important distributions, please advise the Registrar of a change in any of your contact details (including an e-mail address). You can do so by emailing marriagecelebrantssection@ag.gov.au.
Changes to divorce orders from 13 February 2010
Marriage celebrants will be aware of changes made in July 2002 to the issue of documents evidencing a divorce. At that time, the Family Court and Federal Magistrates Court ceased issuing both a decree nisi of dissolution of marriage and a decree absolute, and moved to a practice of issuing a certificate of divorce.
From 13 February 2010 further changes take effect to the form of document that is issued by the courts when a divorce order becomes final. Information about the changes on the Family Law Courts website is set out below:
“In view of difficulties with the current divorce certificate being recognised by some foreign countries, the courts will be making changes to the form of document that is issued when a divorce order takes effect.
As from 13 February 2010, the current certificate of divorce will be replaced by a divorce order which records all the matters considered by the judicial officer in pronouncing the order. Pursuant to section 55A(1)(b) of the Family Law Act 1975 any children of the marriage will be named on the divorce order.
Once the divorce order takes effect, a divorce order will issue and will include a certification that the divorce has taken effect so that a separate divorce certificate will not be issued.
The new form of order will be issued for divorces pronounced after 13 February 2010. Replacements of divorce certificates after 13 February 2010 will be in the new divorce order form even if the divorce order was made prior to 13 February 2010.
Please call the Family Law Courts on 1300 352 000 for more information.”
In addition to the decree absolute and certificate of divorce, this new divorce order is another form of evidence that can be produced for the purpose of solemnising a marriage (subsection 42(10) of the Marriage Act 1961).
Reality television or radio programs
The Department is aware that, on occasion, marriage celebrants will be approached to participate in reality television or radio programs about weddings. While it is up to individual celebrants as to whether they wish to be involved, celebrants’ knowledge and expertise of the legal requirements under the Marriage Act 1961 are very important in this context.
Information on the legal issues that arise in the context of surprise weddings and ceremonies as prizes is available in the Explanatory Material on the Marriage Act 1961 for Marriage Celebrants.
For training organisations
Essential information for training organisations
A new page for training organisations was published on our website in late 2009. This page contains essential information for those organisations intending to offer training for marriage celebrancy through the Certificate IV in Celebrancy (CHC42608).
This page includes updated information about the Marriage (Celebrancy qualifications or skills) Determination 2009 which sets out the requirements for trainers delivering marriage celebrancy training.
Recognised denominations
Website information in development
The proclamation of a religious organisation as a recognised denomination under section 26 of the Marriage Act 1961 enables a religious organisation to nominate its ministers of religion to state and territory Registrars of Births, Deaths and Marriages for registration as marriage celebrants who meet certain criteria.
The Department is in the process of developing website information for religious organisations wishing to apply for recognised denomination status, as well as information for proclaimed recognised denominations.
Recognised denominations proclamation
On 24 March 2010, the Marriage (Recognised Denominations) Amendment Proclamation 2010 was made pursuant to section 26 of the Marriage Act 1961. The 2010 Proclamation amends the Marriage (Recognised Denominations) Proclamation 2007 to:
- declare an additional 14 religious bodies or organisations to be a recognised denomination for the purposes of the Act
- reflect that three existing recognised denominations have changed their name, and
- make a typographical amendment to the name of an existing recognised denomination.
Affected organisations have been contacted by this Department.
A list of all currently proclaimed recognised denominations is available below. The list is made solely for the purposes of the Marriage Act. It is not intended to be used for any other purpose or by any other agency.