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Who Can Be a Legal Witness for Your Wedding Ceremony?

Updated: Apr 17



Wedding Ceremony

Whether you're having a big wedding or a tiny elopement, the Marriage Act legislation states that a marriage must have the couple, a celebrant, plus two persons present at the ceremony as legally-required witnesses who sign the marriage certificates.


Common Witness Myths - that are NOT TRUE

  • witnesses have to have known you for a certain period of time.

  • witnesses can't be related to you.

  • witnesses have to be related to you.

  • witnesses have to be in the 'wedding party'.

  • you need to have one witness each.

  • witnesses have to be Australian Citizens.


Your legal witnesses:

  • don't have to be Australian Citizens.

  • They don't have to be related to you, or even know you!

  • They don't have to be in the 'wedding party'

  • and there is no need to have 'one witness each'.


So who can witness a wedding?

The only rules are that the legal marriage witnesses need to

  • be, or appear to be, over 18 and

  • be able to understand the ceremony.


What does a witness to a marriage actually do?

  • They have to be present at and able to understand the entire ceremony.

  • During or after the ceremony, they will need to sign some marriage paperwork as guided by the celebrant.

  • They will need to provide their full names for the marriage documentation.


Trouble choosing?

  • Older family members make great witnesses, as they often see it as an honour.

  • Asking someone important to you to be a witness can be a way of including them in your ceremony in a low-key way.

  • Witnesses must be present to watch the entire ceremony.

  • Many couples to have their mums as witnesses.


But we're eloping in secret?!

  • To help keep your elopement private, you could ask vendors like a your photographer or musicians to be your witnesses.

 
 
 

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