Law Allows Unauthorised Ministers to 'Pretend' to Marry Couples

Hello Visitor,

We aim to keep Federal MPs and Senators informed of our Celebrant industry and the work of Australia's peak advisory body, The Coalition of Celebrant Associations (CoCA) Inc.

Topic: Educating the Public About the Nature of Marriage under Australian Law

CoCA believes the Marriage Act needs reform to protect all couples who marry in Australia. Reform can be achieved without interfering with the religious rites of differing faiths.

1. Currently, Religious celebrants can purport to marry couples in Australia

Many religious celebrants are authorised under the Marriage Act to perform legal marriages in Australia.

Section 113 of the Marriage Act also allows religious celebrants (both authorised and unauthorised) to conduct a second religious ceremony of marriage for couples who are already legally married under Australian law. The religious celebrant is not required to inform those present that the couple is already married.

CoCA argues that whilst it is important that Australia respects its citizen's differing religious beliefs, it is misleading to allow religious celebrants to conduct second marriage ceremonies unless the celebrant is required to make all present aware that the couple is already married.

2. Civil celebrants would be committing an offence if they conducted a second marriage ceremony for a couple who were already married.

It is not unusual for civil celebrants to receive requests to conduct a second ceremony from couples who have married overseas or in a small ceremony within Australia. Couples often ask that the celebrant pretends, for the benefit of the guests, that the ceremony is a valid marriage ceremony.

Under Section 101, a civil celebrant who conducts a second civil marriage under these circumstances, would commit an offence subject to a penalty of $500 or imprisonment for 6 months.

The Marriage Act requires civil celebrants to make it clear when a ceremony is not a legal marriage.

How are younger Australians or new immigrants to become aware of the true nature of Australian Marriage Law when 'loopholes' exist in our Marriage Act?

The government is rightly concerned about Child and Forced Marriage, including domestic violence. Government and community strategies to combat child and forced marriage are undermined when the validity of marriage ceremonies is not transparent.

The Marriage Act is important in promoting the nature of marriage in Australia. The Act needs amendment to ensure that all marriage ceremonies conducted in Australia have the same legal requirements.

CoCA recommends that the Marriage Act should be thoroughly reviewed and updated to ensure that it remains relevant in our complex multifaith and secular community.

The Coalition of Celebrant Associations (CoCA) Inc is
the peak body for celebrants in Australia.

CoCA is an association of celebrant associations spanning the nation.

One of CoCA's key roles is to represent Commonwealth marriage celebrants concerns, needs and suggestions to the Attorney-General and the Attorney-General's Department and through its Protocol with the Department to provide advice on the development, implementation and review of the Commonwealth Marriage Celebrant Program.