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In every civil wedding in Australia, you will hear a specific set of words known informally as "The "Monitum".  It is a legal requirement that the authorised celebrant responsible for solemnising the marriage, recites these words before the couple says their vows.

Despite the absence of the term in legal texts, including the Marriage Act, 1961, the Monitum which consists of the following words documented in Section 46(1) of the Act, plays a vital role in ensuring the legality and recognition of the marriage:

before a marriage is solemnised by an authorised celebrant, not being a minister of religion of a recognised denomination, the authorised celebrant shall say to the parties, in the presence of the witnesses, the words:

"I am duly authorised by law to solemnise marriages according to law.
"Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter.
"Marriage, according to law in Australia, is the union of 2 people to the exclusion of all others, voluntarily entered into for life."

So, what is the purpose of the Monitum, why is required in civil ceremonies but not in religious ones, and why is it referred to as the Monitum despite not having a name applied to it in the Act?

What is the Monitum?

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• The Monitum is a declaration that outlines the legal nature of marriage, emphasising that marriage is a union between two people, voluntarily entered into for life, to the exclusion of all others.
• As such, it is the legally required statement that must be recited by the marriage celebrant during a civil marriage ceremony in Australia.
  

Why is the Monitum required in a Civil Ceremony?

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The simple answer is because the Act (Section 41 (1) requires that, before a marrying couple make their vows, their solemnising civil celebrant must inform the couple about the nature of marriage in those exact terms because, when you marry in a civil ceremony you are marrying according to law, rather than according to the rites of a particular mainstream religion.

The purpose of the Monitum is to guarantee that you are fully aware of the legal responsibilities and rights associated with marriage, thereby preventing any misunderstandings or future disputes about the validity of the marriage contract.

Why is the Monitum not required in Religious Ceremonies?

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• The Marriage Act allows religious organisations the freedom to conduct marriage ceremonies according to their own rites and practices, provided they meet the basic legal requirements of marriage.
• The Monitum is not required because the ceremony will generally include a declaration about the nature of marriage that aligns with the particular religion's beliefs, and therefore fulfils the informational role of the Monitum.

Why is it called The Monitum?

The term is comes from the Latin word for "warning" or "admonition." It has become the colloquial term used by celebrants and legal professionals to refer to this specific statement within the marriage ceremony.

While it is a term that has roots in Catholic services, where it specifically refers to a notification issued by ecclesiastical authorities, over time it has become widely accepted, even though it is not officially documented in the legislation.

Related Information

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• What your celebrant says in your wedding - law and custom

Thanks for reading!