Section 38 of the Marriage Act (Chapter 280) is one sentence long.
Section 38
A marriage may be solemnized on any day, at any time and at any place.
There is no requirement that a marriage be in a church, a registry, or any building at all. No hours are prescribed. Sundays and public holidays are not excluded.
That suits a country where a wedding may be held in a village, on a beach, at a haus win or in a hospital, and where travel makes fixed venues impractical.
Where the limits actually come from
| Provision | Limit |
|---|---|
| s 36 | The celebrant must be authorised to solemnize marriages at the place where the marriage takes place |
| s 34(3) | A Minister’s authorisation may be confined to a part of the country and made subject to conditions |
| s 37(1)(a) | Notice must be received 3 months to 7 days before — or 2 days on the celebrant’s written certificate, or later still on a s 37(5) authorisation |
| s 39 | Two witnesses over 16 must be present — so the place must accommodate them |
| s 42 | A minister of religion may impose longer notice or additional requirements |
A registered minister of religion may solemnize marriages at any place in the country — section 29 — and the Registrar-General may act in any part of the country — section 34(1).
But a person authorised under section 34(2) may hold an instrument limited to a specified part of the country. Section 38 does not enlarge that authority. A celebrant authorised for one province who travels to another to conduct a beach wedding is acting outside the instrument.
Ask the celebrant to confirm the terms of their authority for the intended venue before fixing the date.
Section 42 — the position of clergy
(a) impose an obligation on an authorized celebrant who is a minister of religion to solemnize a marriage; or
(b) prevent such a celebrant from making it a condition of his solemnizing a marriage that —
(i) longer notice of intention to marry than that required by this Act is given; or
(ii) requirements additional to those prescribed by this Act are observed.
A church may require a longer engagement, marriage preparation classes, banns, membership of the congregation, or a service at a particular time and place. Section 42(b) puts those requirements beyond challenge under this Act.
And section 42(a) means no minister is obliged to marry anyone. Section 72 adds that nothing in this Act or any other law binds a minister of religion to solemnize the marriage of a person whose former marriage has been dissolved otherwise than by death.
A couple who cannot meet a church’s requirements may go to the Registrar-General or another authorised celebrant, who are not subject to them — though note that section 41(2) allows the Minister to exempt a section 34(2) celebrant from the section 41 explanation where the form of ceremony sufficiently states the nature and obligations of marriage.
Planning around the notice period
- Fix the date first, then count back. Notice must reach the celebrant not later than the seventh day before the marriage, and not earlier than three months before it.
- Short notice is possible. The celebrant may certify in writing that seven days was not reasonably practicable, allowing notice up to the second day before.
- Shorter still, with authority. A prescribed authority may under section 37(5) authorise a celebrant to solemnize despite late notice, or solemnize the marriage himself where no other suitable celebrant is conveniently available.
- Watch the consents. Where a party is a minor, a consent must be dated not earlier than three months before the marriage, and a judicial consent, dispensation or section 7(3) order expires after three months.
- If the celebrant becomes unavailable, section 37(6) allows any authorised celebrant who has possession of the notice to solemnize the marriage.
Failure to comply with section 39 or 41 does not invalidate the marriage — section 43(2)(e) says so expressly. But solemnizing in contravention of section 37 or 39 is an offence by the celebrant under section 62.
Sources
- Marriage Act (Chapter 280) — ss 7, 8, 16, 29, 34, 36–43, 62, 72
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.