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COMMONWEALTHAct
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s 45

Form of ceremony

In force
Part IVSolemnisation of marriages in Australia
Division 2Marriages by authorised celebrants

45 Form of ceremony

(1)

Where a marriage is solemnised by 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 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 solemnised by 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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