Question:

Can you please advise what the legal position is with regard to a ceremony in the garden — a Christian service with a Minister presiding? Does the couple have to have a cover over them during the actual ceremony, or only when signing the register?

If they stand outside in front of the minister, can this be deemed an unlawful marriage?

I know you have to sit and sign the register at a table, and that usually seems to be undercover.

Answer from Pam Black:

With regard to where a couple may marry: according to the Marriage Act, the ceremony must take place in a church or building used for religious services, or in a public office (such as the Department of Home Affairs), or a private dwelling.

During the service the chosen venue must have 'open doors' and the service must be conducted in the presence of the parties themselves and two witnesses (or it will not be regarded as legal).

As we are often asked this question, we consulted our attorneys, who advised that if the couple plans to marry in a garden or on a beach, they would advise them to repeat the legal part of the service indoors, so as to avoid any doubts as to whether or not they are formally married (the same rule applies to marrying in a restaurant or any other building not defined by the act).

However, as long as their marriage is solemnised by a competent marriage officer, the courts are not readily inclined to declare a marriage invalid simply because it was held in the wrong place. It is advisable to sign the register indoors.

There is no legal requirement stating that you need to marry under a canopy (unless it is a Jewish wedding). If, however, the couple is planning to marry in the heat of the day, it would certainly give them protection from the sun!