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THE MONITUM
Legal and binding obligations of marriage within Australia.
The Monitum (Latin for ‘warning’) informs the wedding couple of the legal and binding obligations of marriage within Australia.
From the subsection 46(1) of the Marriage Act 1961
· “the authorized celebrant shall say to the parties, in the presence of the witnesses, the words:”
1. “I am duly authorized by law to solemnize marriages according to law"
2. “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".
3. "Marriage, according to law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into for life".
· Subsection 46(1) of the Marriage Act includes the words ‘or words to that effect’. Provided it does not dilute the words
or the substitute words alter the meaning in subsection 46(1),
· Some words can be changed
and it’s possible that couples may request this. From my research I have found some alternatives that do not dilute or vary the
meaning of the words in subsection 46(1) and can work.
The first sentence
· ‘I am legally authorised(registered) to solemnize marriages according to the law.’
Second Sentence
Exchanging these words:
• ‘solemn’ to ‘serious’ or ‘formal’
• ‘binding’ to ‘permanent’
• ‘nature’ to ‘promise’
• ‘now about to enter’ into ‘formalising’ or ‘sealing’ or ‘binding’, or
• ‘these witnesses’ to ‘everyone here’ or ‘everybody here’.
The words ‘these witnesses’ should not be changed to ‘family and friends’ because that may not include everyone present.
Third sentence
o Given that the third sentence is the legal definition of marriage in Australia the words cannot be changed.
Changes to the Marriage Act December 2017
This change allows marrying couples to make a personal choice about the terms to be used in their marriage vows that best reflect their relationship. The term ‘husband’ can refer to a male marriage partner, and ‘wife’ to a female marriage partner, regardless of the sex or gender of the person saying the vows. The term ‘spouse’ can refer to a male, female, intersex, non-binary gender or transgender person.