Section 45 of the Marriage Act (Chapter 280) creates the documentary record of a statutory marriage.
Section 45(1) and (2) — three certificates, seven signatures
Where an authorized celebrant solemnizes a marriage, he shall —
(a) prepare a certificate of the marriage, in the prescribed form, for the purpose of issue to the parties; and
(b) prepare two official certificates of the marriage in the prescribed form.
Immediately after the solemnization, the authorized celebrant, each of the parties, and two witnesses of the marriage who are, or appear to the authorized celebrant to be, over the age of 16 years shall sign each of the certificates.
The celebrant, the two parties and the two witnesses each sign all three certificates — fifteen signatures in all, immediately after the ceremony.
The apparent-age test for witnesses is the same as in section 39, and the age is 16.
Sections 45(3) and (4) — where each certificate goes
| Certificate | Destination | Provision |
|---|---|---|
| The parties’ certificate | Handed to one of the parties, on behalf of the parties | s 45(4)(a) |
| Official certificate on the reverse of the declarations | Forwarded to the Registrar-General, with the s 37 notice and any statutory declarations, consents and dispensations | ss 45(3), 45(4)(b) |
| The other official certificate | Retained by the celebrant and dealt with as prescribed | s 45(4)(c) |
One of the official certificates shall be on the reverse side of the paper bearing the declarations made by the parties under section 37.
Recall that section 37(7) requires both parties’ declarations to be written on the same paper and on the same side of that paper. Section 45(3) then puts the official certificate on the back.
The result is a single sheet carrying both the parties’ pre-marriage declarations as to conjugal status and absence of impediment, and the record that the marriage took place — and that sheet goes to the Registrar-General with the notice, consents and dispensations.
An authorized celebrant to whom a consent, dispensation with consent or statutory declaration is produced shall retain it in his possession until he deals with it in accordance with section 45.
So the consents obtained for a minor’s marriage are held by the celebrant and then forwarded to the Registrar-General under section 45(4)(b). Failure to forward a marriage certificate is an offence under section 68.
What a certificate proves
A certificate prepared and signed in accordance with section 45 is conclusive evidence that the marriage was solemnized in accordance with section 40 — the form of ceremony.
Section 40(4): the certificate is not conclusive where the fact that the ceremony took place is in issue, or where the identity of a party is in issue.
Read with section 73, under which courts take judicial notice of the celebrant’s signature and authority, a certificate is nonetheless a powerful document: it can be tendered without calling the celebrant, and it settles that the ceremony was properly conducted.
Sections 45(5) to (7) — when things go wrong
Where (a) the celebrant dies without having prepared and signed the certificates; or (b) by reason of other special circumstances the Minister thinks it necessary, the Minister may, if satisfied that a marriage was duly solemnized, prepare and sign the certificates with such modifications as are appropriate — and such a certificate has the same force and effect as one signed by the celebrant.
The regulations may provide for the furnishing of a substitute certificate in the event of the loss or destruction of a certificate previously forwarded under this section.
- Check the certificate before leaving. Names, dates and places are easier corrected at the time.
- Keep the parties’ certificate safe — it is the document produced under section 37(10) and section 71(5), and required for many official purposes.
- If it is lost, apply to the Registrar-General — the official certificate forwarded under section 45(4)(b) is the source of a replacement.
- If no certificate was ever issued, and the celebrant has died or cannot be found, section 45(5) allows the Minister to prepare one. Alternatively, section 71(2) permits a second ceremony where there is a doubt whether the marriage could be proved in legal proceedings.
Sources
- Marriage Act (Chapter 280) — ss 8, 37, 39, 40, 44, 45, 68, 71, 73, 76
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.