Coalition of Celebrant Associations

Australia’s Peak Celebrant Body

Child and forced marriage

How can anyone agree be married in Australia without giving free and informed consent? Couples married by Ministers of the 140+ Recognised Religions (Subdivision A) are not required to give consent to marry in the marriage ceremony of that religion, unless consent is a part of the religious marriage rite. (Section 45) In some Recognised Religions' wedding ceremonies, couples are not required to give consent, and the language used is not required to be understood by the couple. (Section 45) Religious celebrants of both Recognised Religions  (Subdivision A) and independent religious celebrants (part of Subdivision C) are not required to…
Note: The requirement of the couple to give verbal consent to the marriage in front of witnesses, which is a requirement for the 70% of couples who choose a civil weddings, is not applied to religious couples, if the form of ceremony used by a religious celebrant1 does not include such consent. It is known that this component is missing in certain religious ceremonies. However without the ability to review the over 650 religious groups' ceremonies covered by section 45, CoCA is not in the position of being able to identify the extent of this exemption. Given the concern about…
Section 45 Consent The requirement of the couple under Section 45 to give verbal consent to the marriage in front of witnesses, is not applied to religious couples, if the form of ceremony used by a religious celebrant1 does not include such consent. This is a requirement for the 70% of couples who choose a civil weddings. It is known that this component is missing in certain religious ceremonies. However without the ability to review the over 650 religious groups' ceremonies covered by section 45, CoCA is not in the position of being able to identify the extent of this…
To effectively inform and educate the Australian public and visitors about marriage in Australia - all marriage and/ or wedding ceremonies need to have the same basic legal components. Examples of amended Sections 45, 46 and 113 of the Marriage Act. The sections below are not endorsed by the Coalition of Celebrant Associations (CoCA) Inc., but are provided as examples only of how simple changes could be made to: remove confusion for marrying couples and guests and ensure every marriage ceremony has the same basic legal elements whilst still respecting the rights of couples to have their choice of ceremony -…
Like most complex issues, there are a range of social, legal, economic, educational and other strategies needed to reduce the incidence of child and forced marriage.  In relation to Marriage law, there are three changes that would assist: 1. Ensure all marriage ceremonies include a common component that requires all couples to give consent in front of witnesses in the marriage ceremony all celebrants to identify the ceremony as a legal according to law or not legal according to Australian law all celebrants to state whether they are authorised by civil law to conduct marriages or not 2. Ensure all…
Section 101:  Solemnisation of marriage by unauthorised personA 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: $500 or imprisonment for 6 months.”
“Section 103: Going through ceremony of marriage before person not authorised to solemnise itA person shall not go through a form or ceremony of marriage with another person knowing that the person solemnising the marriage is not authorised to solemnise it and having reason to believe that the other party to the marriage believes that the person solemnizing the marriage is so authorised.Penalty: $500 or imprisonment for 6 months.”
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