Commonwealth Consolidated Acts

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MARRIAGE ACT 1961 - SECT 45

Form of ceremony

  (1)   Where a marriage is solemnise d by or in the presence of an authorised celebrant, being a minister of religion, it may be solemnise d according to any form and ceremony recognised as sufficient for the purpose by the religious body or organisation of which he or she is a minister.

  (2)   Where a marriage is solemnise d by or in the presence of an authorised celebrant, not being a minister of religion, it is sufficient if each of the parties says to the other, in the presence of the authorised celebrant and the witnesses, the words:

"I call upon the persons here present to witness that I, A.B. ( or C.D.), take thee, C.D. ( or A.B.), to be my lawful wedded wife ( or husband , or spouse )";

or words to that effect.

  (3)   Where a marriage has been solemnise d by or in the presence of an authorised celebrant, a certificate of the marriage prepared and signed in accordance with section   50 is conclusive evidence that the marriage was solemnise d in accordance with this section.

  (4)   Nothing in subsection   ( 3) makes a certificate conclusive:

  (a)   where the fact that the marriage ceremony took place is in issue--as to that fact; or

  (b)   where the identity of a party to the marriage is in issue--as to the identity of that party.


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