Witnesses and Disability
/08
by Jennifer
Cram - Brisbane Marriage Celebrant © 04/03/2024Categories: | Wedding Legals |
Witnesses and Weddings. If
you are getting legally married you will need
two witnesses. These witnesses must be
What is the purpose
of your witnesses?
Your witnesses are there so that they can
testify (if needed) that the marriage took
place. As what creates your marriage is your
saying of the words that the Marriage Act
requires, what is needed is two people, other
than you and the celebrant, who was present
and heard you say your vows.
Unlike a will, where the witnesses are not only confirming by their signature that they saw the testator sign, but have also to provide contact details and ID information because a beneficiary of a will cannot witness that will, no information is collected about the witness to a marriage, apart from their full legal name.
What about
signing the certificates?
The certificates are a
mechanism to document that the marriage took
place in the presence of the people who sign
it. You are already married, so signing the
certificate doesn't change your status. And
no-one is witnessing anyone's signature. You
are all independently confirming that the
marriage took place and you were there when it
happened.
Important to know: A signature is a person's mark, so it doesn't matter whether they write their name in some form, use a squiggle or some other more pictorial mark, such as signing in characters, or make an X. All are valid.
Can a
vision-impaired person be a witness?
Yes they can.
If they were present, and if they heard the
vows, and were able to understand that a
marriage was being created between the couple,
not being able to see or see to sign, is not
an automatic disqualification. The Marriage
Act says only that the mandated words must
be said. It says
nothing about being seen. And, as the witness
is not witnessing anyone's signatures, they do
not have to see anyone sign.
Can a
hearing-impaired person be a
witness?
Yes
they can. If the hearing-impaired person
communicates using Auslan, and the marrying
couple and the celebrant are not also using
Auslan, an interpreter is needed, as would be
the case with any witness who has a language
mismatch with the language of the ceremony.
If the hearing-impaired person relies on other means, such as lip-reading, it is up to the celebrant to make sure that they are fully congnisant of what was said.
Can
a person with Down
Syndrome be a witness?
Yes
they can. That a person has Down Syndrome is
not relevant! Persons with Down Syndrome
hold down responsible jobs, hold degrees,
and are elected to public office. There is
no reason to treat a person with Down
Syndrome differently as long as they can
meet the basic requirements that apply to
all witnesses.
Can a person
with Autism be a
witness?
Someone
with Autism is not automatically excluded!
Far from it. Even if they are non-verbal. As
long as they meet the requirements that
apply to all witnesses they qualify.
Can a person
with a physical
disability be a
witness?
Of
course they can. It is not a legal
requirement to have a beautiful signature,
be mobile, or coordinated.
Can a
person with an intellectual
disability be a witness?
Yes
they can. Like anyone else, the test is the
extent to which they are able to understand
the ceremony and are able and willing to
testify that it took place in their
presence.
Can
a person with dementia be
a witness?
It
is a common assumption that the minute
someone is diagnosed with dementia, that is
it. But dementia is a progressive disease
and a person diagnosed with it is likely to
be able to manage day to day living for some
years after diagnosis. So it comes down to
the test again. Do they understand what is
required of them? Are they able to
understand the ceremony?
Can a person
who is illiterate be a
witness?
A
witness is required neither to read anything
or to write anything apart from their
signature or mark. So of course an
illiterate person can be a witness to a
marriage.
The litmus
test (or the pub test)
While I've
pedantically listed a wide range of
disabilities, purely because my experience
has been that marrying couples tend to focus
on the individual rather than the universal
principle, it is all very simple. Regardless
of disability, whether visible or invisible,
or none apparent, the litmus test is the
same for everyone who is a potential witness
to your marriage.
Related
information
- Adults (at least 18 years of age)
- Able to understand the ceremony
- Capable of hearing you say your vows (the interpretation of hearing being a broad one)
Unfortunately, a lot of ableist assumptions
are made about witnesses, including that
having a disability automatically
disqualifies a person from being a witness.
It doesn't.
What is the purpose
of your witnesses?
Unlike a will, where the witnesses are not only confirming by their signature that they saw the testator sign, but have also to provide contact details and ID information because a beneficiary of a will cannot witness that will, no information is collected about the witness to a marriage, apart from their full legal name.
What about
signing the certificates?
Important to know: A signature is a person's mark, so it doesn't matter whether they write their name in some form, use a squiggle or some other more pictorial mark, such as signing in characters, or make an X. All are valid.
Can a
vision-impaired person be a witness?
Can a
hearing-impaired person be a
witness?
If the hearing-impaired person relies on other means, such as lip-reading, it is up to the celebrant to make sure that they are fully congnisant of what was said.
Can
a person with Down
Syndrome be a witness?
Can a person
with Autism be a
witness?
Can a person
with a physical
disability be a
witness?
Can a
person with an intellectual
disability be a witness?
Can
a person with dementia be
a witness?
Can a person
who is illiterate be a
witness?
The litmus
test (or the pub test)
- Are they an adult?
- Are they capable of understanding the ceremony and the concept of marriage?
- Are they capable of hearing (in the
broadest sense of the word) you say your
vows.
Related
information
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