Coalition of Celebrant Associations

Australia’s Peak Celebrant Body

Marriage Act 1961 Section 45

.       Marriage Act 1961 Section 45



45 Form of ceremony



1.   Where a marriage is solemnised by or in the presence of an authorised celebrant,
       being a minister of religion, it may be solemnised according to any form and
       ceremony recognised as sufficient for the purpose by the religious body or
       organisation of which he or she is a minister.



2.   Where a marriage is solemnised by or in the presence of an authorised celebrant, not
       being a minister of religion, it is sufficient if each of the parties says to the other in
       the presence of the authorised celebrant and the witnesses the words:



― ”I call upon the persons here present to witness that A.B. (or C.D.) take thee C.D (or A.B.) to be my lawful wedded wife (or husband);”



or words to that effect.



3      Where a marriage has been solemnised by or in the presence of an authorised celebrant, a certificate of the marriage prepared and signed in accordance with section 50 is conclusive evidence that the marriage was solemnised in accordance with this section.



Nothing in subsection (3) makes a certificate conclusive:
a. where the fact that the marriage ceremony took place is in issue—as to that fact; or
b. where the identity of a party to the marriage is in issue—as to the identity of that party.

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