Can we have our wedding before legally getting married?
Is it possible to have a wedding without signing anything legally and then go to the registry with witnesses a few months later to sign the marriage documents? My fiance is in a visa process and has been advised not to change his marriage status until he receives his permanent residency. However, we want to have our wedding with family and friends before we move away later this year and can't guarantee he'll receive the residency in time.
Question Asked: 27/02/2023
Wedding Date: 9/08/2018
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Answered by: 5 Experts
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(18) · Byron Bay to Ballina , North Coast NSW and Gold Coast QLD
Posted: 18/03/2023
Yes you can have a committmenet ceremony prior to your registry wedding.
Your celebrant who performs the committment can also perform the registry wedding when the time comes.
(24) · Shellharbour, Wollongong & Southern Highlands and anywhere in Australia
Posted: 28/02/2023
You can have a ceremony without the legals.
You could plan it all, do the paperwork for your marriage and book it for later in the year before you and your Fiance leave.
That way, if you needed to just have the non legal wedding, you could.
If his Visa process is ready, then have the legal wedding.
Does that sound like a plan?
Your Celebrant needs to inform everyone that it's a not a legal marriage ceremony though.
I wish you all the best
(47) · Greater Brisbane, Sunshine Coast, Gold Coast
Posted: 28/02/2023
You can absolutely have a celebration that looks, feels, smells and sounds like a wedding to all of your guests, minus the legal jargon. This is generally referred to as a commitment ceremony - you can even have a ring exchange! This leaves you free to do the legal words, paperwork and signing at another time - or why not the other way around? Do your legal first, then have the party when it suits knowing you're already hitched! ??
You can have a commitment ceremony before legally getting married where you say personal vows etc, however the guests need to be aware that this isn't a legally binding ceremony. During Covid lockdowns, we had a lot of the opposite: couples legally getting married with just 5 people and then holding the big wedding reception a year later and renewing their vows when everyone came out of lockdown.
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As a Celebrant, I am not permitted to offer advice on immigration matters however I would question the advice you have received.
It is your heart that dictates your relationship and not Visa status.
If you genuinely wish to marry, you don't have to have a visa or legal residency to be married in Australia. You just have to be eligible for marriage and be within Australian Borders.
You also do not have to marry at a registry because an Authorised Celebrant can conduct your ceremony anywhere in Australia. You just need two witnesses who are aged over 18 to be present and of course an Authorised Celebrant.
A 'wedding' celebration, however, can be held at any time and without the legalities of solemnisation. It is classified as a 'Commitment ceremony' and so is not legally binding and so is not registered but can have all of the celebrations that might otherwise occur at a ceremony at which a marriage is solemnised. In many European countries, it is common for the wedding to occur separately from the solemnisation at a court or registry.