Who exactly can be a witness?

My fiance and I are having a small ceremony and just want it to be us. We are hoping the celebrant can be one of our witnesses. As for the other, can it be one of us or does have to be someone else? I can't find any specific information online anywhere. We want it to be as small and quiet as possible. Thank you in advance for any help :)

Question Asked: 27/04/2020

Wedding Date: 9/08/2018

Most Helpful Response

Tamsin Whaley Authorised Celebrant

(2) · Castlemaine, Bendigo, Ballarat, Daylesford, Macedon Ranges, Seymour, Kyneton and Surrounds

Posted: 28/04/2020

Dear Bride,

The celebrant can't be a witness, I'm afraid. You'll need two people over 18 (or whom the celebrant reckons look at least 18!) to be your witnesses. You can't double up and be a witness for yourself, either! Your witnesses don't necessarily need to know you personally, but they do need to be able to see, hear, and understand everything that is going on, so that if they were ever called upon legally to give an account of the circumstances of your marriage, they would know exactly what had happened at the ceremony. They really are 'witnesses'.

'The Guideliness on the Marriage Act 1961' which we celebrants consult anytime we need to check something, states:

'5.8 WITNESSES
Under section 44 of the Marriage Act, a marriage may not be solemnised unless at least two persons are present at the ceremony who are, or appear to the person solemnising the marriage to be, over the age of 18 years. These are the people who will sign the marriage certificates in their capacity as the witnesses to the marriage. When completing the marriage certificates the witnesses to the marriage should record their names in full, including any middle names.
The object of requiring the attendance of witnesses is that their evidence will be available to establish the identity of the parties or to testify as to the circumstances in which the ceremony was performed. It is therefore best practice (but not a requirement of the Marriage Act) that the witnesses know the parties to the marriage. Arranging for the attendance of witnesses at the marriage ceremony is the responsibility of the parties to the marriage. The celebrant is not responsible for providing witnesses.'

Good on you trying to keep numbers down in these strange days, but you really will need those two 'extra' people!

Tamsin Whaley Authorised Celebrant,

Castlemaine.

Answered by: 11 Experts

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Heritage Celebrancy Services

(10) · Melbourne & Surrounds - Happy to travel

Posted: 25/08/2022

Your witness, and you are required to have two they need  to be at least 18 years old, a friend, a relative, but not your celebrant.

Suzie Jones Celebrant

(3) · Brisbane and Gold Coast

Posted: 8/12/2020

You do have to have 2 independant people over 18 years to be your witnesses, maybe a neighbour  couple you know 'that could and would do this for you if you are not having family, if just a small family gathering then the 2 mums if possible is lovely.

Stacey Morris - Celebrant & Wedding MC

(19) · Sunshine Coast / Noosa

Posted: 23/07/2020

Congratulations on your engagement and hope your wedding plans are going well!

Your Celebrant will most definately sign your marriage certificates.  However, you will need two other witnesses to your marriage, and they can be absolutely anyone as long as they are over the age of 18 years.

They need to take this responsibility sensibly and be aware of and understand the legal aspect of your marriage.

You just need to advise your chosen Celebrant of their full legal names.  They can then attend and witness your ceremony and sign the three marriage certificates prepared by your chosen Celebrant.

Happy wedding planning!

Treasured Ceremonies

(16) · Byron Bay to Ballina , North Coast NSW and Gold Coast QLD

Posted: 21/06/2020

Unfortunately you need two independant witnesses. Choose people who dont make a fuss and all they have to do is be there for the whole of the ceremony, listen to you get married and sign to confirm

Beswick Life Celebrations - Lesley Beswick

(4) · Ballarat, Daylesford, Ballan, Warrnambool, Bacchus Marsh, Geelong & Bellarine Peninsula

Posted: 18/06/2020

The Celebrant cannot be a witness. You need two adults (persons over 18 years of age) to be your witnesses. The smallest ceremony is the couple, two witnesses and the celebrant.

Ahmet Aydogan Marriage Celebrant

(6) · Sydney / Wollongong / South West / South Coast & Surrounds

Posted: 12/06/2020

The Celebrant or the couple getting married can not be a witness to the wedding at all.

The minimum number of people required for a legal wedding ceremony in Australia is 5. 

The couple, the celebrant and 2 witnesses who are over 18 years of age and understands what they are being a witness too . 

 

Blue Mountains Celebrant - Phil Timbrell Happyday Celebrant

(15) · Penrith / Blue Mountains

Posted: 14/05/2020

The minimum number of people required for a legally binding wedding is 5. 

The couple, the celebrant and 2 witnesses who are over 18 years of age. 

All certificates require the 5 signatures.  It is prererable for the witnesses to know 

one or both of the couple getting married, however this is not essential.  The witnesses do

not have to be residents of Australia, the only requirement is that they witness the ceremony

and are over 18 yo.   

Fiona Winwood Marriage Celebrant

(40) · Adelaide metro, McLaren Vale, Adelaide Hills, Kuitpo, Barossa Valley

Posted: 8/05/2020

Hi there, unfortunately your celebrant can not be your witness. However your photographer or any other supplier coming in that do speak the language your ceremony will be delivered in; so long as they are over the age of 18 can be a witnesses. I understand how frustrating it is trying to get your ceremony as small as possible during these unprecedented times were all living in.  

Q2 weddings

(16) · Sydney & Surrounds

Posted: 7/05/2020

Hello there! 

For a ceremony your witnesses can be anyone there  as long as they are at least 18 years old. There is no requirement for the official witnesses to be Australian citizens or residents and they do not need ID documents on them. 

There are cases where it is not possible for the couple to provide witnesses - if they are coming from overseas, interstate, or don't know anyone to ask for example. I can help by booking two people for you who will come to the ceremony to fulfil this vital role.

Robyn Freer Celebrant - Love My Way Celebrancy

(55) · Sydney & Surrounding areas

Posted: 2/05/2020

Congratulation to you both, small and intimate ceremonies are lovely...and very wise at this time in particular.

As your celebrant legally cannot be your witness, it's good to choose people who would be honoured to support you both in this important role.

In the current climate of restrictions on numbers, some couples are choosing witnesses who can also act as photographer if this is something you would like.

Anyone can be your witness really provided they are over 18 and speak the language that the ceremony will be conducted in.

best wishes to you both

Robyn Freer

Abby's Way Celebrancy

St Clair NSW

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