A New Legal Requirement for Weddings in Australia: What Couples Need to Know About Separate Consent Meetings
If you’re getting married in Australia, you may hear your celebrant mention a new legal requirement called a separate consent meeting. It’s a recent change to the Marriage Act 1961, and while it doesn’t change what marriage means, it does affect how celebrants prepare for your ceremony.
As your celebrant, I want you to understand what’s changed, why it exists, and how it fits into your wedding plans without adding stress or awkwardness.
What’s Changed in the Marriage Act?
Last year, amendments were made to the Marriage Act 1961. One of those changes introduced a new requirement for authorised celebrants.
Under section 42B of the Act, a celebrant now must physically meet with each party to the marriage separately before the wedding takes place. If this meeting hasn’t happened, the celebrant is not permitted to solemnise the marriage.
These meetings must be:
In person
With each partner separately
Conducted by the celebrant who is officiating the wedding
They cannot be done by phone or video call, and they apply to every legal marriage, without exception.
Why Have These Meetings Been Introduced?
The purpose of the change is to strengthen safeguards around real consent.
Ensuring that both people are freely and willingly choosing to marry has always been a core responsibility of celebrants. That hasn’t changed. What has changed is that separate meetings are now mandatory for every couple, not just in situations where there might be concerns.
The Attorney-General’s Department clarified that the intention of these meetings is to help celebrants confirm that consent is being given freely, without pressure, coercion or misunderstanding.
What Is “Real Consent” in Marriage?
Australian law defines marriage as “the union of 2 people to the exclusion of all others, voluntarily entered into for life.”
That word voluntarily matters.
Consent isn’t just about saying the legal vows. Under the Act, consent may not be considered real if:
It was obtained through duress or fraud
Someone is mistaken about who they are marrying or the nature of the ceremony
A person does not understand the nature and effect of marriage
Consent must exist at the exact moment the marriage is solemnised. Even if everything seemed fine earlier in the day, if someone is unable to give informed consent during the ceremony itself, the legal process must stop.
Will This Affect Our Wedding Day?
For most couples, this is a short, low-key part of the day that doesn’t change the experience in any meaningful way.
It doesn’t mean there’s suspicion. It doesn’t mean something is “being checked up on.” It’s a legal safeguard that now applies to every couple equally.
Handled well, it fits naturally into the flow of the day and is over before you even notice it.
What This Means for You as a Couple
From your perspective, the key things to know are:
Your celebrant is legally required to meet with each of you separately
This meeting must happen in person, before the ceremony
It’s about ensuring your marriage is entered into freely and with understanding
It’s a normal part of modern marriage law in Australia
Marriage remains deeply meaningful, personal and intentional. These changes don’t take away from that. If anything, they reinforce the importance of choice, autonomy and respect at the heart of the commitment you’re making.
If you ever have questions about the legal side of getting married, your celebrant should be happy to explain it in plain language. That’s part of our role too.
