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

Steel vs Timber vs Plastic Garden Edging: What Actually Lasts

Walk any hardware aisle and you'll see three types of lawn edging aisles fighting for the same job: keeping mulch where it belongs and grass...

How Small Lighting Choices Can Completely Change the Mood of a Room

You can repaint a room, replace the furniture and spend a small fortune on styling, but if the lighting is wrong, the whole space can stil...

Safeguard Global or Rippling: specialist EOR against the all-in-one bundle for expansion from Australia

This comparison assumes one situation: an Australian business, headquartered here, hiring its first people outside the country. That framing...

Where and how to sell domain names: the ultimate playbook for modern investors

Holding valuable digital real estate is only half the battle. Every portfolio manager quickly discovers that an unsold web address is no...

Caravan Blitz – How to Keep Your Caravan Off the Coppers’ Radar

Discovering that your caravan is non-compliant can be embarrassing and often inconvenient. Imagine planning a trip for months, only to see t...

What Is a Weed Wiper and How Does It Work?

Blanket spraying covers ground quickly, which is why most people default to it. The cost is everything else it hits. Overspray lands on pa...

Why Some Beauty Clinics Feel Easier to Deal With Than Others

You can have two beauty clinics offering similar treatments at similar prices, yet dealing with them can feel completely different. One an...

Brisbane’s Property Market Sees First Quarter in Decline

In 2026, Brisbane’s property market has seen a first-quarter decline.   This marks a shift from previous market patterns and could ha...

Science Tutoring Sydney: Building Strong Foundations in Science

Students and parents looking for science tutoring Sydney often want support that combines clear teaching, structured learning and practic...

Pallet Racking: How to Plan an Efficient Warehouse Storage System

Pallet racking can play an important role in improving how warehouse products are supported, organised and accessed. BHD Storage Solutions p...

Gym Solutions: How to Create a Practical Home Workout Space

Creating a workout area at home can make regular exercise more convenient, particularly for people who want to train without travelling to...

Most Backyard Privacy Screens Fail for the Same Predictable Reason

Someone plants a screen, waits two years, and it's patchy. Gaps where there shouldn't be gaps. A neighbour's window still visible through ...

Understanding Hydraulic Systems and Their Role in Modern Machinery

Hydraulic technology plays an important role in machinery that requires controlled movement, high force and reliable power transmission. Fro...

Melbourne Packaging Supplies: How to Choose the Right Products for Your Business

Businesses need packaging that supports storage, handling, shipping and presentation. Choosing suitable Melbourne packaging supplies can m...

Caravan Dealers: Why a Hybrid Caravan Could Be the Right Choice for Perth Travellers

When visiting caravan dealers, it is easy to feel overwhelmed by the number of layouts, sizes, and specifications available. Every caravan...

Could What's Inside Your Office Block's Walls Be Making You Sick?

Office air quality can heavily impact the comfort, health and productivity of your employees or commercial tenants' workforce. Persistent ...

How Professional Plan Management Can Make Managing Support Funding Easier

Managing support funding involves more than knowing how much money is available. Participants may need to understand funding categories, c...

Traffic Light System Solutions: Improving Vehicle Movement and Site Safety

Industrial and commercial sites often need electrical and control solutions that improve reliability, safety and operational consistency. ...

30 Storey High Rises, Tiny Blocks, and Subdivisions: Brisbane Divided on New Zoning

With radical zoning changes across Brisbane, city residents are divided over the changes. The purpose of these changes is to curb urban sp...

National Survey Launched to Measure Operational Impacts of Federal NDIS Policy Reforms

The effects of recent NDIS reforms are beginning to move beyond policy papers and into day to day service delivery. A new national survey is...

Digital Compliance Automation Is Changing How Care Providers Manage Risk

Healthcare has always been heavily regulated. Every employee needs qualifications, screening checks and mandatory training. Every participan...

Vehicle Theft, Insurance and Recovery: What Australian Drivers Should Know About GPS Tracking

Discovering that a vehicle has been stolen is disorienting. The first priorities are personal safety, contacting police and notifying the ...

Step-by-Step Guide to Selling Your Car

Selling a car for the first time has a way of making a confident adult feel like a nervous teenager again. It is one of the larger private t...

Planning an Off-Road Adventure? Explore Caravan for Sale for Your Travel Style

Winter has a way of making Australia’s great outdoors feel even more inviting. Crisp mornings, quieter campsites and the chance to explo...

hacklink hack forum hacklink film izle hacklink Herabettaraftarium24taraftarium24taraftarium24justin tvtaraftarium24taraftarium24TrBettaraftarium24taraftarium24taraftarium24vpnHerabetHerabet GirişHerabet Güncel GirişStreamEastStreamEastVipparkjojobetRoyal reelsmeritkingGalabetdigitalgamingnews.comMostbetBetpipoSahabettaraftarium24VipparkHitbetสล็อตเว็บตรงtaraftarium24terea sigara fiyatVipparkmarsbahismarsbahis girişmarsbahis güncel girişcasinos not on gamstopuk casino not on gamstopiptv satın al selcuksports justintv taraftarium taraftarium24 canlı maç izleiptvonline casinos not on gamstopcasinos non gamblock uknon gamstop casinosdeneme bonusutaraftarium24Dizipalfree books downloadzlibraryzlibbursa escortdeneme bonusu veren sitelerGalabetturkbetVipparkdeneme bonusudeneme bonusutaraftarium24justin tvtaraftarium24taraftarium24taraftarium24jojobetsuperbetinmatbetjojobetjojobetgiftcardmall/mygiftFutemaxPelota Librecanlı skorjojobet