A couple seeking divorce in May 2017 Anouihl & Temke had to rely on their marriage certificate for proof of marriage, but were puzzled when they realised they had been married twice.
Like some couples, they were married at the civil registry and then had a religious wedding and a big celebration with all their family and friends a year later.
So, when the marriage celebrant at the wedding handed them a certificate to sign they assumed it was just part of the ceremony and the celebrant wouldn’t give it to the Births & Marriages registry because they told them they were already married.
For reasons unknown, the marriage celebrant actually registered their marriage, and unfortunately the certificate produced is invalid since the Marriage Act 1961 (Cth) states that you can’t marry if you are already married.
In accordance with section 113 of the Act the marriage celebrant erred and should not have provided the couple with a marriage certificate and should have instead provided a document that stated that they were already married.
So, if you would like to renew your vows, or you are getting married again, or you have eloped and would like to have another wedding in front of your loved ones – make sure your celebrant knows and understands your marital status.
This is not legal advice, if you have any questions regarding remarriage or marriage certificates please do not hesitate to contact us on 8999 1800.
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