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Statutory Legal Process

Statutory Legal Process

"Statutory Legal Process?"

Top 25 Answers - by Tim P Manger (Civil Celebrant)

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Why do I have to complete a Statutory Declaration?

Related to Legalities

You are required to complete a Statutory Declaration, to declare that there is nothing (as far as you are aware), that is impeding your marriage to your partner

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When is the Statutory Declaration actually completed?

Related to Legalities

The Statutory Declaration (also known as the Declaration of No Impediment to Marriage), is completed as close to the wedding day as possible. The rehearsal is often the best time to do this

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How many times do you meet us during the marriage process?

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3, once at our initial meeting, once at the rehearsal, and once again at your actual ceremony

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What is the best way to communicate with you during the marriage process?

Related to General

Via email, SMS, mobile, land-line, or via the web

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What is the difference between Nullity and Divorce?

Related to Legalities

Nullity relates to marriages that are not considered legal (despite a ceremony having taken place), whereas Divorce (dissolution) relates to marriages that are legal (but have broken down due to various circumstances)

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Do we memorise our Legal Vow?

Related to Vows

No, you repeat your Legal Vow after me

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Can we Invite an Indigenous Elder to conduct our wedding ceremony?

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Yes, provided that the legal elements are performed by me (Civil Celebrant)

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What do we bring to our initial meeting?

Related to General

Bring any ideas reeating to your ceremony, or questions (legal or ceremonial)

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Can we change our Legal Vows?

Related to Vows

No, legal vows cannot be changed (but personalised vows can)

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What should a Celebrant do if either partner getting married is intoxicated during the Ceremony?

Related to Ceremony

The Celebrant should desist from completing any legal paperwork until the intoxicated partner is sober

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Why do you do an Authorisation?

Related to Ceremony

This is to qualify my legal status to your guests and witnesses

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Is it legal to sign the Marriage Certificates whilst intoxicated?

Related to Legalities

No

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Does an Interpreter have to complete any legal paperwork?

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Yes, the Interpreter must sign a declaration, stating that they have translated the proceedings to the best of their ability

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What is the minimum legal age a person can be married in Australia?

Related to Legalities

16

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Is it legal to marry a brother or sister inlaw?

Related to Legalities

Yes

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Is it Legal to have a Surprise Wedding?

Related to Legalities

Yes, provided that the bride (or groom) is not the one being surprised. Note: A wedding where the bride or groom is unaware of the event, could end in either Nullity, or the ceremony not taking place at all

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Is it Legal for couples to get married in the Nude?

Related to Ceremony

Yes, it is legal and perfectly natural for couples (who are that way inclined), to say their wedding vows totally naked

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Do I have to say my full legal name during the vows?

Related to Vows

Yes, however if you have a name that you are uncomfortable with, then it is possible to mention your name at some other stage during the ceremony (prior to the exchange of vows). Your full legal name must be mentioned at least once during the ceremony

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Is it legal to marry a minor in Australia?

Related to Legalities

Yes, provided that the minor has reached the minimum age of 16, and received parental, guardian or judicial consent

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Do you take care of our legal paperwork?

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Yes. I look after everything from your application to be married (before you are married), to filing with Births, Deaths and Marriages (after you are married)

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Is the wording in a gay same sex committment ceremony different to a legal wedidng ceremony?

Related to Legalities

Yes, it is illegal for me to use words from the Montum and Legal Vow section of the Australian Marriage Act when marrying gay same sex couples

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Can we include Personalised Vows?

Related to Vows

Yes, many couples prefer to write their own personalised vows to each other. These are generally added after the Legal Vows

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Can you legally marry us outside Australia?

Related to General

No. For marriages to be legal in Australia, the ceremony must be solemnised within Australia or within Australian territorial waters

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Can my partner and I legally hyphenate our names to create a new name?

Related to Legalities

Yes, however you will need to complete a 'Change of Name Certificate 'to make your new name legal

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What is Nullity of Marriage?

Related to Legalities

This is the Australian term used to describe a marriage that is not legal, because it was solemnised based on tenous, illegal, fraudulaent or deceptive means

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