Formalities – Marriage
Every day you hear of couples getting marries in a church, park, or on a beach.
You even hear of people getting married on top of Uluru or by jumping out of a
plane. All of these examples are deemed to be legal. So a legal marriage can take
place at any time and in any place. The Marriage Act 1961 (Cth) sets out the
requirements and procedures for a legal marriage in Australia:
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You must be 18 years of age to marry (s 11 Marriage Act 1961)
If, however, you are over 16 but not yet 18 and wish to marry a person
who is, you may get consent to marry from your parents or guardian and
from a judge or magistrate.
There are also restrictions on whom you are permitted to marry. A prohibited
marriage, as state in s23(1)(b) of the Marriage Act 1961 (Cth), is one between a
brother and a sister (this also includes half-blood), or between a person who is
your ancestor or descendant (a parent, grandparent, child).
The same rules apply for adoptive children as well.
Before a couple gets married, the appropriate documentation needs to be
completed (this includes birth certificates and, if previously marriage, divorce or
death certificates). A Notice of Intention to Marry must be completed and given
to an authorised celebrant not more than six months and not less than one
months before the wedding. On the day of the marriage, two certificates are
prepared. These need to be signed by:
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the husband and the wife;
the two witnesses;
the authorised celebrant;
There is not legal requirement for the husband or wife to change their surnames
after the ceremony. However some women adopt the husband’s surname.
The Marriage Act 1961 (Cth) provides for three categories of authorised
celebrant who may solemnise marriages in Australia:
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ministers of religion of recognised denominations (who are
registered under Subdivision A of Division 1 of Part IV of the Act)
State and Territory officers (who are authorised by virtue of
Subdivision B of Division 1 of Part IV of the Act)
Commonwealth-registered marriage celebrants (who are registered
under Subdivision C of Division 1 of Part IV of the Act). This category
contains both civil celebrants and ministers of religion who are not
aligned with a recognised denomination.
A person cannot be authorised to solemnise marriage under more than one
category at any one time.
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List the elements required in Australia for marriage to be valid.
What does the term ‘polygamous’ mean?
Identify and discuss the laws that apply to ‘polygamous’ relationships.
Discuss the effect of the decision in Re Kevin, in terms of the current
definition of marriage. What is your view on the outcome of this court
case?
The definition of marriage in Australia is based on which court case?
Which piece of legislation governs the laws with regard to marriage?
A Notice of Intention to Marry must be completed within what time
frame?
Research the case: In the Marriage of: Ronald George Hosking and Jie
Hu Hosking (1995) FLC 92-579. In this case the husband claimed that
the marriage was not valid by reason of fraud. Discuss the details of
the case and explain why the court held that the marriage was
deemed valid. (Hint: See www.austlii.edu.au)
Discuss whether or not the current definition of marriage is relevant
to the needs of society.
Hi there
I am in a dilemma. I am a Hindu and am trying to decide whether to marry
a Christian girl from the Assembly of God denomination (she converted from
Hinduism 3 years ago). We are very much in love with each other.
While my parents expect her to follow my religion after marriage, I am of
the view that she can follow her Christian religion, but that she should partake
in my Hindu religious activities as well. I do respect Christianity, but we will
have to have a Hindu marriage. When looking at a marriage partner who will
be my other half (two bodies, one soul), I think it's very reasonable for me to
ask of her to participate in my religious obligations (which are not many).
Wouldn't that be a reasonable expectation of married life? She can still go to
Christian worship services and other church activities, and I will accompany
her whenever possible.
She has come back to me saying that all the above will be a sin in
Christianity and that she will be punished if she participates in the activities of
my religion. Because we love each other, it seems like the heart does not
agree with the mind.
I have been advised by my priest to participate in her activities where
possible. I respect her choice of religion because for me there is only one god
-- it's just that we all have our own ways of faith. The scriptures of all faiths are
indispensable holy tools that are at our disposal to provide everlasting energy
for our life journeys. The ultimate goal of Hinduism is, of course, the
attainment of self consciousness/realization. This is in line with the spiritual
truth that our atman is part of the all-prevailing brahman. Our own journey,
however, needs to be undertaken individually. For this I will have to go
through a cycle of seven births and deaths.
I also realize that there are other factors like children to be considered
here.
I like this girl and will find your advice invaluable.
It would also help if you could provide me the details of people who have
been in a similar situation.
At the same time it would also help if you could point me to a "best
practices" manual for Hindu/Christian marriages which would provide some
guidelines for us.
Kind Regards
Rajesh
How would you respond to Rajesh?
What Hindu beliefs are reflected in the young man's letter?
Are there classic Christian beliefs that he may be misunderstanding?
How would you counsel him?