Viw Magazine

The Times


.

  • Written by Henry Kha, Lecturer in Law, Macquarie University

Prime Minister Scott Morrison has announced that only five people can attend a wedding as part of the tough new restrictions to prevent the spread of the coronavirus.

But why this number specifically? According to the Marriage Act 1961, for a marriage to be legally valid in Australia, five is the minimum number of people who need to be present at the ceremony: the couple, two witnesses and a celebrant.

But the need to have at least two witnesses or even a marriage celebrant has not always been a legal requirement.

A brief legal history

The formal requirement that a marriage celebrant officiate a wedding was first introduced in the Fourth Lateran Council of 1215, a medieval council of senior church officials convened by the pope.

The Roman Catholic Church had sought to discourage irregular or secret marriages by urging people to marry before a priest. As marriage was understood to be a sacrament, a marriage celebrant became a necessary requirement to ensure that couples met the legal and religious criteria.

The 16th century Council of Trent, a series of counter-Reformation meetings, introduced the requirement that a valid church marriage also required two witnesses. The aim was to prevent fraud and promote certainty in the formation of marriage.

Read more: In the age of coronavirus, only tiny weddings are allowed and the extended family BBQ is out

England had undergone the Protestant Reformation by this time and had not adopted all of these rules. According to medieval canon law, English couples could marry without anyone else being present by simply exchanging wedding vows in present tense (for example, “I take you to be my wife from this day forward”).

This caused uncertainty and led to elopements. There were also rogue priests who performed secret marriages for eloping couples known as “fleet marriage” (named after the London chaplaincy in Fleet Prison).

The great English poet John Donne married in this way. He was arrested and only freed after proving that his marriage was legal.

The Church of England consequently wanted to exercise more control over all marriages. Lord Hardwicke’s Marriage Act 1753 was subsequently introduced, requiring that all recognised marriages be performed by an authorised clergyman of the Church of England.

The presence of a celebrant was thus a legal requirement for all marriages in England. (Jewish and Quaker marriages were exempt from this law.)

The Marriage Act 1836 ended the Church of England’s monopoly over marriages, legalising the civil ceremonies that exist today.

The act also introduced the requirement that two witnesses be present at a wedding. A system of registering births, deaths and marriage was introduced in the UK the same year. This meant that more formal evidence was required in order to register a marriage, hence the witnesses.

The English laws were then brought to Australia, and this is why five people have to be present at a wedding.

Weddings are still happening around the world during coronavirus, such as in Thailand, but people are taking more precautions. RUNGROJ YONGRIT/EPA

Could we legalise proxy marriages?

Given the current rule on social distancing, it might be time to consider whether proxy marriages should be introduced.

A proxy marriage is a wedding performed by a marriage celebrant where one or both of the marrying parties are not present. A proxy, nominated by either marrying party, acts as a surrogate for one or both people who are getting married.

Read more: Should I cancel my wedding? My kid's birthday party? Why the government has banned indoor gatherings of over 100 people

A proxy marriage is not a legally recognised form of marriage in Australia because a couple must be physically present at a wedding ceremony for the marriage to be valid. Proxy marriages are also outlawed in many other countries due to concerns over sham marriages, particularly for immigration purposes.

However, proxy marriages were historically used to facilitate arranged marriages over long distances, such as Napoleon Bonaparte’s proxy marriage to an Austrian duchess in 1810.

Proxy marriages are notably legal today in a few American states, though it is generally restricted to members of the armed services who are on active duty. Some proxy marriages are also taking place over Skype, a practice increasingly common in immigrant communities.

So long as the true consent of a person to enter into a genuine committed relationship can be established, then there really is no reason to outlaw proxy marriages. Desperate times call for desperate measures.

The Australian government has already limited weddings to five people. If a lockdown is ever called and weddings are banned, life and love still need to go on. Proxy marriages could be a viable solution in a lonely planet.

Authors: Henry Kha, Lecturer in Law, Macquarie University

Read more https://theconversation.com/with-this-ring-i-thee-and-your-proxy-wed-a-new-form-of-marriage-in-the-time-of-coronavirus-134659

What Makes a High-Quality Plastic Bottle Manufacturer Stand Out

Choosing the right plastic bottle manufacturer can make a significant difference to the success of any business that relies on plastic pac...

Why Visiting A Medical Clinic Regularly Is Essential For Overall Health

Access to a reliable medical clinic is a key factor in maintaining consistent healthcare and managing both short-term and long-term medical ...

Designing Outdoor Areas That Feel Like an Extension of the Home

The architectural boundary between internal living spaces and external property footprints has blurred significantly over the last decade. M...

What Australians Value Most in a Modern Banking Experience

The relationship between Australians and their financial institutions is undergoing a fundamental structural shift. For decades, the retai...

Are Dental Implants Worth It? A Guide for Sydney Patients

If you are living with one or more missing teeth, you have likely encountered the recommendation: dental implants. They are widely described...

Is There a Foolproof Way to Colour Match Paint on Repairs?

Tenants had some good times at the expense of your walls?  Little Miss Artist created her latest piece?  Did they use…decals?  When you...

How to Choose the Right Style for Built-In Wardrobes?

Built-in wardrobes have become a common feature in modern houses, because they are both functional and aesthetically pleasing to look at. ...

Why A Reliable Cardboard Box Manufacturer Is Important For Product Packaging

Packaging is an essential part of product distribution, storage, and customer experience across many industries. Businesses often work wit...

Why Pallet Racking Systems Are Important For Modern Warehousing

Warehouse operations depend heavily on efficient storage systems to manage inventory safely and maintain smooth day-to-day logistics. Many b...

Understanding Council Approval for Renovations

Renovating a property involves more than design and construction. It also requires compliance with local regulations to ensure safety, str...

A Practical Guide to Installing a Gas Line

Installing a gas line requires careful planning, strict attention to safety, and compliance with local regulations. Gas systems are common...

Behavioural Optometrist: Enhancing Vision and Overall Eye Health

A behavioural optometrist plays a critical role in addressing more than just visual acuity. Unlike traditional optometrists who focus prim...

BlackCard Firm: Redefining Modern Financial Solutions for Businesses

In today’s fast-moving digital economy, businesses need more than just traditional banking services. Companies require flexible financia...

Gold Coast Party Boats: The New Luxury Must-Have

In times of global uncertainty, overcrowded tourist areas, and unpredictable weather, Gen Z and younger millennials are turning away from ...

Missing Parcel or Delayed Delivery? Here's How to Get Help from Australia Post

You've been refreshing the tracking page all day. The status hasn't changed since the parcel was scanned at a facility three days ago. The e...

Fuel Shortages Threaten Transport Industry

The rising conflict situation in the Middle East had placed significant pressure on fuel supply, posing a threat to many Australian business...

Why Virtual Gift Cards Are Replacing Physical Gift Cards

Gift cards have always been a reliable choice for businesses looking to reward, recognise, and retain. They are flexible, practical, and r...

Is Hiring End Of Lease Cleaners Essential When Moving Out?

Tenants should return how the property is by the time they move in. The landlords charge them for repair or damage. To avoid this issue, h...

Why A Frame Signs Remain A Practical Choice For Street-Level Advertising

For businesses that rely on foot traffic, A frame signs serve as one of the most effective tools for attracting immediate attention. Posi...

A Complete Guide to Packaging Supplies for Businesses in Laverton North

Laverton North sits at the centre of Melbourne's western industrial corridor, making it one of the most logistics-intensive precincts in V...

How to Start a Small Garden in Any Space

You don't need a massive backyard or a farmhouse to call yourself a gardener. These days, urban gardening is everywhere. It’s not about ho...

Easy Plants You Can Grow at Home All Year Round

Let’s be real: we’ve all had that moment where we bought a beautiful plant, brought it home with the best intentions, and then watched i...

The Rising Risk of Skin Cancer in Australia and How Early Detection Helps

Australia has one of the highest rates of skin cancer in the world, and the risk continues to grow as more people spend time outdoors with...

Why Essential Amino Acids Are Vital For Muscle Growth, Recovery, And Overall Health

The body is a finely tuned system, constantly building, repairing, and adapting. At the heart of these processes are amino acids, the buil...

hacklink hack forum hacklink film izle hacklink testcasibomcasibomslot gacorjojobetสล็อตเว็บตรงholiganbetsuperbetinpadişahbetbetofficegalabetdeneme bonusu veren sitelerSahabetgaziantep escortholiganbetcasibomtipobet 7163justin tvcasibomjojobet girişagb99jojobetCasinoroyalArtemisbetonline casino österreichdeneme bonusu veren sitelerสล็อตNon Gamstop Casinosbetasus girişcasibombedava sorgudizipalcasibomgrandpashabetdeneme bonusuapprofondiscinon GamStop casinosonline casinos australiaonline casinosonline casino australiadeneme bonusudeneme bonusuligobetnon Gamstop casinoscialis 20 mg fiyatviagra fiyatcialis 5 mg fiyatviagra 100 mgorjinal viagra fiyatıjojobetjojobetartemisbetjojobetlibrary zjojobetcasibomdeneme bonusu veren sitelermeritkingpusulabetcasibom