Hi All

I had a call from a "Bride" she is already married but no one in the family knows (married in September 2008). They want to have a Wedding Ceremony but want everyone to think it's the first one. Can't be done can it? I have to ensure that everyone knows it a Renewal don't I? I know I can jiggle the vows a bit but can't fudge the Ceremony completely can I?

Thanks

Ruth Kuss
Tingalpa Qld

Hi Ruth
You are correct. It can not be fudged. You risk your appointment, a fine and/ or gaol. See Marriage Act 1961 Part VII Section 99 details below.

You need to make it clear to everyone at the ceremony that the ceremony has no legal status. This can be done along with a statement that the ceremony is a 'Celebration of their Marriage" which was held on (place) and (date), perhaps with some explanation.

It is suggested that it may be best for them to:
1. Inform their closest family and friends that they are married, with some explanation why,
2. then send out invites for a 'Celebration of Marriage" with a 'guess what we did!'

Then a lovely ceremony can be held that would have integrity and be most likely to mend any fences needing to be mended.

I suggest also that you sight their DBM marriage certificate, verify for yourself that they are the said couple, and even do a stat dec to the effect that they are still married to one another.

The certificate can be a "Celebration of Marriage" certificate - see members free templates.

Most of the vows can be in the present tense, providing any vow that contains taking each other as husband and wife must be in the past tense.

Send them a copy of the Marriage Act with the reference to support your position it needs be.

I trust this assists.

Rona Goold
ACCN Director
Robertson NSW

Download Marriage Act 1961 FROM: ACCN website link
http://www.accn.com.au/weblinks/downloads:-marriage
Part VII Offences 99 Solemnizing marriage where notice or declaration not given or made etc.
(1) An authorized celebrant shall not solemnize a marriage under Division 2 of Part IV in contravention of section 42 or 44.
(3) A chaplain shall not solemnize a marriage under Division 3 of Part V in contravention of section 74, 75, 76, 77 or 78.
(4) A person shall not solemnize a marriage in contravention of section 13 or 112.
(5) A person shall not solemnize a marriage in contravention of subsection 33(3).
(6) A person shall not, in contravention of subsection 113(1), purport to solemnize a marriage between persons who inform the first 'mentioned person that they are already legally married to each other or whom the first' mentioned person knows or has reason to
believe to be already legally married to each other.
Penalty: $500 or imprisonment for 6 months.