Monitum: Law Vs Belief

taken from www.wedbykez.com



To quote directly from the Australian Marriage Act 1961 the celebrant performing the ceremony is required to "explain the nature of marriage relationship" in the following way

(1) Subject to subsection (2), before a marriage is solemnized by or in the presence of an authorized celebrant, not being a minister of religion of a recognized denomination, the authorized celebrant shall say to the parties, in the presence of the witnesses, the words:

“I am duly authorized by law to solemnize marriages according to law.

“Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter.

“Marriage, according to law in Australia, is the union of a man and a woman to the exclusion of all others, voluntarily entered into for life.”;

or words to that effect.

This inevitably causes concern for couples who have friends, parents, loved ones and guests that are in a same sex relationship. Understandably there is concern that the above statement is going to offend guests or upset friends, making them feel excluded or driving home what is a hotly debated issue about same-sex marriage in this country.

A lot of couples would prefer to rework or alter the above and not mention "man and woman" or not be so specific in the explanation of marriage.

It is not up to your celebrant to question what is right or wrong about Australian Law, merely to ensure the marriage is carried out legally and correctly so as to be registered as valid.

In this case, beliefs can't overrule the law.

The Monitum is something that has to be recited by the celebrant in order to make a marriage legally recognised in Australia. If it is not said, the marriage can be declared void and the Celebrant disciplined or even deregistered for failing to perform their duties correctly.

However...

While the celebrant has clearly defined legal obligations in order to perform a marriage ceremony outside of these compulsory inclusions the remaining structure and contents rest with the bride and groom.

In your introduction, in your choice of readings, in your vows you can refer to "love in all it's forms", " the joy of finding that one person , regardless of gender, age or race that you can truly connect" or script the ceremony in such a way as to reflect your own personal views on love in our society.

In short, the Monitum is obligatory to legalise a marriage. It has to be said, and stated pretty much as is.

You can flavour the rest of the ceremony, tailoring to your own tastes and beliefs.

To discuss how to write your own ceremony celebrating love in all shapes, sizes and forms contact Kez