Commonwealth Consolidated Acts

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MARRIAGE ACT 1961 - SECT 45

Form of ceremony

             (1)  Where a marriage is solemnised by or in the presence of an authorised celebrant, being a minister of religion, it may be solemnised 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 solemnised 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 words to that effect.

             (3)  Where a marriage has been solemnised 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 solemnised 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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