© copyright Judy Frewen 2008 -
My partner is applying for a Fiancé Visa. What is the procedure?
I am happy to provide back-
We live overseas (or in another state) and will be getting married on the Central Coast later this year, but we will not be able to get there until a week before the wedding. How do we complete our paperwork?
The Notice of Intended Marriage can be completed and signed outside of Australia, and witnessed by one of the relevant authorities as noted on page 3 of the Notice. A copy of the signed and witnessed Notice should then be faxed to the celebrant prior to 1 month before the wedding date, and the original forwarded immediately to the celebrant by registered mail.
My partner lives overseas, and will not be in Australia until a week before the wedding. Is this OK?
Yes. If either the bride or the groom has a genuine reason for not being able to sign the Notice of Intended Marriage at the same time as the other party, then that party is able to sign the Notice in the presence of the celebrant as soon as it is practicable, even if it is within the notice period. A genuine reason may be that the party is interstate, overseas or out of the area and not simply that it is inconvenient at the time.
My fiancé does not speak English. What language will be used during the ceremony?
All official participants and witnesses to a wedding must speak and understand the same language. If any of the official party does not speak and/or understand the same language as the other participants, then an interpreter must be used. The interpreter does not need to be qualified interpreter, however they must sign a Statutory Declaration, stating that he/she understands and is able to speak the language required. The interpreter must also sign a Certificate of Interpreter.
This also applies if one of the official participants requires the use of sign language or Auslan to converse with others.
My birth certificate is in another language. Is this OK?
No. Any required documents that are only written in a language other than English, must be translated into English by a certified translator, and a signed and certified copy sighted by the celebrant. To locate a certified translator in your area, please go to the NAATI website at http://www.naati.com.au/
Can we change to another celebrant, even if we have already completed a Notice of Intended Marriage with another Celebrant/Minister?
If you decide after completing and lodging a Notice with another celebrant or minister of religion, that you would like to change to another celebrant, the Notice of Intended Marriage can be transferred to your new celebrant, even if you are now within the 1 month notice period. Please contact me for more detail.
Under what circumstances can a ‘shortening of time’ be considered?
The circumstance when a ‘shortening of time’ can be considered are limited to:
- Employment related or other travel commitments
- Wedding of celebration arrangements or religious considerations
- Medical Reasons
- Legal Proceedings
- Error (by the celebrant) in giving notice, or the Notice of Intended Marriage is invalid, stale or it has been lost by the celebrant.
Each decision is made on a case by case basis, and it must not be assumed that a ‘shortening of time’ will automatically be given, regardless of the circumstances.
Please contact me for further information.
We need to get married in 3 weeks time. Can you marry us?
There are a number of special circumstances where a couple may be able to marry giving less than the 1 month written notice. The couple will need to make an application to a subscribed authority for a ‘shortening of time’. Each decision is made on a case by case basis, and it must not be assumed that a ‘shortening of time’ will be automatically given, regardless of the circumstances. Please contact me for further information.
Can I plan a surprise wedding for my partner?
Marriage celebrants are not allowed to participate in ‘surprise weddings’ for legal reasons as listed below.
- There has been undue pressure on the ‘surprised’ person to agree to the arrangement. Even if there is evidence that the person would previously have agreed to a marriage proposal, their consent must not be assumed. No person can be put under pressure to enter into a marriage and the pressures imposed by a ‘surprise’ wedding could place in doubt the validity of the marriage under Section 23B of the Act – that is that the person’s consent to the marriage was not a real consent because it was obtained by duress or fraud.
- The minimum notice period has not been satisfied – the notice period requires that both parties give notice of the intended marriage, not one.
Payment can be made by EFT, credit card (via PayPal), or cash by arrangement. Please contact me for my bank details.
