A commitment ceremony can be an important and simple way to celebrate a marriage-like-love when the legal formalities of marriage according to the law in Australia aren’t possible, as in one of our member’s cases today where her couple won’t have their divorce papers ready in time. While not legally binding, these ceremonies can be as meaningful and special as a wedding, maintaining a fun, honest, and legal approach without stepping into the realm of marriage solemnisation under Australian law.
Avoiding Legal Pitfalls
According to the Marriage Act 1961, celebrants must be careful not to include certain legal elements such as the monitum or official vows required for legal marriage. A key principle is that while a commitment ceremony can closely resemble a wedding, it must not cross the boundaries into legal territory.
Key considerations:
- Avoid the monitum: Do not include the monitum, which legally defines marriage as “the union of two people, to the exclusion of all others, voluntarily entered into for life”.
- No legal vows: Ensure that the couple does not recite the legally required vows, like “I call upon the persons here present…”.
- No signing legal certificates: While a symbolic certificate may be signed, it should be clear that it has no legal status. A simple decorative certificate can represent their union but must not reference marriage.
Fun, Honest, and Legal
The Guidelines to the Marriage Act highlight the importance of clarity and honesty in non-legal ceremonies. As celebrants, we are responsible for ensuring that all participants and guests understand that this is not a legal marriage. However, it is equally important to maintain the celebratory atmosphere. Here are some strategies to balance these requirements:
- Opening Statement: Begin the ceremony by acknowledging that while the couple is not being legally married today, this is the day they choose to celebrate their love. This keeps the tone light-hearted and prevents any misunderstandings:
“Although today’s ceremony is not a legal marriage, it marks the day [Name] and [Name] affirm their love and commitment in front of those dearest to them. Today is the day they celebrate the joy and beauty of their union, as partners in life and love.”
- Inclusive Language: Steer away from using the word “marriage” throughout the ceremony. Use terms like “union,” “commitment,” or “partnership” to describe their relationship:
“This ceremony represents the deep commitment [Name] and [Name] have chosen to make, a union of love and respect that will guide them through the years ahead.”
By avoiding terms that imply legal marriage, you remain within the guidelines of the Marriage Act while still offering the couple an intimate, meaningful event.
Keeping the Ceremony Fun
A non-legal ceremony doesn’t mean it has to be overly formal or distant. The focus should be on the love the couple shares and the joy of the day. Here are some suggestions to make it feel celebratory and fun:
- Personal Vows: Encourage the couple to write their own vows, focusing on their journey together, their shared experiences, and their hopes for the future. This personal touch adds a unique dimension to the ceremony without stepping into legal territory.
- Audience Participation: To keep the ceremony lively, involve the guests. For example, you could have them give blessings or share short anecdotes about the couple, adding warmth and humour to the proceedings.
A commitment ceremony provides a unique opportunity to celebrate love and union without the legal framework of marriage. By ensuring that you remain within the boundaries of the Marriage Act and focusing on modern, creative rituals like the Unity Painting, you can offer a ceremony that is both fun and deeply meaningful. By framing the day as a celebration of commitment rather than a wedding, you honour the couple’s wishes while staying clear of legal complexities.
Originally published on the Celebrant Institute: https://celebrant.institute/ceremony/how-to-perform-a-commitment-ceremony-without-breaking-the-law-in-australia/.