Witnesses and Disability

 /08
by Jennifer Cram - Brisbane Marriage Celebrant © 04/03/2024
Categories: | Wedding Legals |
previous    |    contents    |    next   >

Man wearing a gray suit and using a white
                        cane
Witnesses and Weddings. If you are getting legally married you will need two witnesses. These witnesses must be
  • 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?


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 saidIt 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.
  • 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.
Nothing else is relevant.

Related information

 
Thanks for reading!

Click to contact
                        Jennifer Cram
< previous    |    contents     |      next      | get in touch >
pullin0  Things