|
Situations arise from time to time when a couple will approach a celebrant seeking to be married with less than a month available to give the required notice. In many cases there will be a legitimate reason for this and so it is provided for in the Marriage Act 1961 and the Marriage Regulations 1963.
Prescribed authorities (usually staff of the Local Courts 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:
Employment related or other travel commitments,
Wedding or celebration arrangements, or religious considerations,
Medical reasons,
Legal proceedings,
Error in giving notice.
The reason for seeking a shortening of time for notice must fall within one of the 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 (BDM) or prescribed authority will weigh up the information provided in support of the application and may seek additional information as outlined in the regulations.
EVIDENCE PRIOR MARRIAGES
Evidence that any prior marriage has been dissolved by either death or divorce will be required. If you were previously married you must produce a copy of the Divorce Decree Absolute, or Certificate of Divorce, or Death Certificate whichever is applicable.
As of 1 July 2002, the Family Court and the Federal Magistrates Court ceased issuing both a decree nisi of dissolution of marriage and a decree absolute. They now issue a document titled ‘Certificate of Divorce’, which contains the dates of the decree nisi and the decree absolute. This certificate is evidence of divorce for the purpose of solemnising a marriage (see subsection 42(10) of the Marriage Act 1961). If you were divorced prior to 1 July 2002 you will need to show the celebrant a copy of the decree absolute.
Note: Photocopies of documents will not be accepted original documents must be supplied.
WITNESSES
At your wedding ceremony you must have two witnesses who are aged 18 years or over. I will require the full names of your two witnesses prior to your wedding day. It must be evident to me that they are 18 years or over.
| 
