The United Celebrant Network acknowledges the Traditional Custodians of the lands on which we work, live, play, and learn. We come from diverse backgrounds and are grateful to call this beautiful country, Australia, our home. We honour and respect the deep, intrinsic connections that Aboriginal and Torres Strait Islander peoples have to this land, and we appreciate the wisdom and culture they have nurtured over countless generations. We feel honoured to hear, and participate in any Aboriginal culture customs, traditions, stories and language asking any of our members who are willing or wanting to share this heritage to please reach out.
Ensuring Free Consent in a
Cross-Cultural Marriage Study:
Scenario Overview:
A couple approached you with the desire to marry. They had unique circumstances that required careful consideration. One party was from overseas, and the other had just turned 18, living in Australia since birth with their family who migrated here the year they were born. Both parties spoke English as a second language, with their home language and traditions playing a significant role in their lives.
Initial Consultation
During your initial meeting with the couple, you noticed some disjointedness in their wants and wishes. They did not appear very familiar with each other, which raised some concerns. Additionally, they were hesitant to provide identification, leading to back-and-forth communication to obtain the necessary documents to finalize their paperwork.
Separate Interviews and Concerns:
To ensure that both parties were entering the marriage freely and willingly, you interviewed them separately. During these interviews, you observed:
The younger party to the marriage did not confidently answer all questions and did not seem remotely excited about the pending marriage.
This raised concerns about the possibility of marriage under duress.
Feeling uneasy, you sought advice from colleagues before proceeding further. They advised you to ask more pressing questions directed at the younger party to clarify the situation.
Follow-Up and Reassessment:
You reconvened with the couple and asked more pointed questions to the younger party. This time, their demeanour had changed significantly. They were happy, bright, and excited about the upcoming ceremony, sharing ideas and stories enthusiastically. This reassured you, and you decided to proceed with the wedding, keeping in mind the cultural diversity and human behaviour involved.
The Ceremony:
On the day of the ceremony, both parties were very much enjoying their special day. The event was attended by a large number of family members from both sides, displaying close family ties and support for the couple. This further reassured you about your decision to proceed with the marriage.
Legal Considerations
Had the younger party not felt comfortable or at ease, you would have needed to stop the proceedings and consider reporting the marriage as a possible forced or arranged marriage. This is covered under:
Section 23B(1)(d) of the Marriage Act 1961, which states that a marriage is void if the consent of either of the parties was not a real consent because it was obtained by duress or fraud, one party was mistaken about the identity of the other, or there was a lack of understanding about the nature of the ceremony due to mental incapacity.
Conclusion:
This case highlights the importance of thorough due diligence when there are signs of potential duress in a marriage. By carefully interviewing both parties separately, seeking advice from colleagues, and reassessing the situation, you ensured that the marriage proceeded with genuine consent from both parties. The joy and involvement of both families on the wedding day further validated your decision, ensuring a happy and culturally significant ceremony.