It is a beautiful summer’s day in Australia. It could be Melbourne, Victoria… or somewhere in Tasmania, or sunny Queensland, deep in the Northern Territory, in South Australia, in Western Australia… The bride and groom hear those astonishing words “You may now kiss the bride” striking like a bell through their happy miasma, and take that first kiss as husband and wife. And as the strains of music rise, the celebrant ushers the couple to the signing table…
It’s the signing of the register, when the marriage certificate will be signed to complete the legal formalities of marriage.
Marriage Certificates – hows many copies and why?
In Australia, the couple are required to sign three copies of the marriage certificate. One of these is a “pretty” document, known as the Party Certificate and also known as “Form 15”. This is an official document and will have a unique registration number/serial number.
The Party Certificate, once signed as necessary, is handed by the authorised celebrant to the newly married couple for their own records.
The second copy has on its reverse side the Declaration Of No Legal Impediment To Marriage. This copy of the Marriage Certificate is processed by the Registry so that the marriage will be registered.
The third copy is that retained by the authorised celebrant (the “Marriage Register” copy). It is usually kept in an official hard-bound or leather-bound Marriage Register. If it eventuates that anything goes wrong with the Official copy, if the Registry requires this information for any reason, the authorised celebrant (as per the Marriage Regulations) is able to provide this copy to the Registry.
Who Signs the Marriage Certificates?
The signing of the register (that is, the signing of the three copies of the marriage certificate) requires the signatures of the following people:
- firstly, the bride and bridegroom,
- then the two witnesses, and
- finally the authorised celebrant.
This order of signing must not be altered. That is, the groom may sign first, followed by the bride, or vice-versa, but both parties (bride and groom) must sign before the two witnesses can do so. Either witness may sign first once the couple have signed. The authorised celebrant will sign last.
Which Marriage Certificate Do We Need For a New Passport?
For most official or legal purposes, the couple will require a Standard Certificate of Marriage. This will be a stamped and printed copy issued by the Registry of Births, Deaths and Marriages (known as either the Registry or the BDM). It is not automatically handed to the couple; it must be applied for by the couple from the Registry.
The Party Certificate is an official document but although it is proof of marriage, it may not constitute sufficient proof for a particular case in point. For example, it is not sufficient proof of marriage in relation to identity. That is why the Standard Certificate of Marriage will be required for instances such as passport application, updating your driver licence/bank account/Medicare details, etc.
What About Registering Our Marriage In Another Country?
A marriage solemnized in Australia will be valid overseas. (Of course check with your respective country in case of any specific details or difficulties.) To provide the required evidence for a marriage to be recognized in another country, the couple cannot use the Party Certificate; rather, they will need the Standard Certificate of Marriage. This certificate will need to be recognized by another country as an official document whose signatures by Australian officials are genuine, and must therefore also be given either an Apostille or an Authentication certificate.
If the overseas country is a member of the Hague Convention, the certificate must be given an Apostille. If not, it must be given an Authentication. This means the document has been legalised.
The Apostille/Authentication is performed by the Australian Department of Foreign Affairs and Trade.
Foreign governments sometimes need proof the signatures of Australian officials on documents are genuine before they can be accepted. The Department of Foreign Affairs and Trade (DFAT), through the Australian Passport Office in your capital city will certify that a signature, stamp or seal on an official Australian public document is genuine by checking it against a specimen held on file, and print or attach a certificate in the form of an ‘authentication’ or an ‘apostille’ stating certain facts. The authentication or apostille is then signed by DFAT staff and sealed with a wet and a dry seal.
Note that the marriage will be registered in Australia, but it will be recognized in the overseas country as a valid marriage.
What If I Lose Our Marriage Certificate?
If the couple loses the Party Certificate (the certificate handed to them on the day of the marriage ceremony), another copy cannot be issued.
However, if the couple applies for a Standard Certificate and lose that copy, another copy of the Standard Certificate can be issued by applying to the Registry.
(As the Party Certificate is primarily for the couple’s own records, its loss may be upsetting but not crucial. For any purpose where the marriage needs to be proved, the Standard Certificate can be used.)
Can We Get Another Copy Of The Certificate From The Celebrant?
The authorised celebrant will not provide the couple with a copy of the official certificate of marriage, nor will the celebrant be able to provide the couple with a copy of the celebrant’s own copy (the “Marriage Register” copy). The celebrant will only provide this copy to the Registry.
The authorised celebrant cannot re-issue the Party Certificate. Each Party Certificate is a unique document and cannot be replaced.
Finally…
As a general rule, when the bride or groom (or both) need to prove their marriage, or when the bride needs to prove her identity (if she decides to change her surname to that of her husband), the Standard Certificate of Marriage is required proof of marriage.
This Standard Certificate is available directly from the Registry of Births, Deaths and Marriages.
It should be noted that in most cases only the bride and groom can obtain a copy of this certificate, and that they will be required to supply necessary ID when applying for this certificate. Anyone other than the bride or groom applying for this Certificate would be required to demonstrate sufficient reason for the application. Always check with the appropriate Registry.