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Marriage Celebrant Bailed - Can We Still Get Married?

Discussion in 'Family Law Forum' started by warren, 6 November 2014.

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  1. warren

    warren Member

    6 November 2014
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    Our marriage celebrant has bailed out on us 20 days before our wedding we have a new marriage celebrant but we don't have the required one calendar month and one day notice period. Is there any legal way under family law we can still get married on the day and sign all the relevant papers on that day?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Warren,

    It would appear not. The Marriage Act states:

    (1) Subject to this section, a marriage shall not be solemnised unless:

    (a) notice in writing of the intended marriage has been given in accordance with this section and has been received by the authorised celebrant solemnising the marriage ... not later than 1 month before the date of the marriage;

    The notice needed to have been provided to the specific Celebrant who is going to be solemnising the wedding 1 calendar month prior to your wedding day. Therefore if you provided this to the first celebrant he is the only person that can marry you on your intended wedding date (in 20 days time).

    Assuming that you provided the notice of intended marriage to your first celebrant, I would contact the registry of BD&M and see whether they can do to transfer the notice from the first celebrant to the new one based on the extenuating circumstances. If you can show that you did all in your power to abide by the law in order to get married on the intended date they may allow you some leeway??

    Hope it goes well.

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