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Legal Requirements

Deciding to get married is a very important step in your life, and should therefore be carefully considered throughout your courtship.

The right to marry in Australia is no longer determined by sex or gender.

As an element of your marriage ceremony, I am required by law to say the words of the monitum: "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 about to enter. Marriage according to Australian law, is the union of two people, to the exclusion of all others, voluntarily entered into for life."

To be legally married in Australia, a person must:

  • not be married to someone else

  • not be marrying a parent, grandparent, child, grandchild, brother or sister

  • be at least 18 years old, unless a court has approved a marriage where one party is aged between 16 and 18 years old

  • understand what marriage means and freely consent to marrying

  • use specific words during the ceremony

  • give written notice of their intention to marry to their authorised celebrant, within the required time frame.

You don't have to be an Australian citizen or a permanent resident of Australia to legally marry here.

You can find marriage visa information on the Department of Home Affairs website, if you hope to live in Australia after your marriage.

 

Age?

If both partners are over 18, getting married in Australia is straightforward.
If both partners are under 18, you cannot marry in Australia.
No one under the age of 16 is permitted to marry in Australia.
If one partner is under 18, but older than 16, you must have parental or guardian consent and a magistrate or judges court approval to be married.

 

Paper Work ?

You must activate a Notice of Intended Marriage document at least a month, prior to your ceremony, and no more than 18 months before the ceremony.


The waiting period is to prevent "spur of the moment" marriages. You owe it to one another to carefully consider your decisions.
It is usual that the person with whom you activate your Notice of Intended Marriage document will conduct your ceremony.

The document may be transferred to another celebrant should circumstances be necessary.

You will need to give your celebrant evidence of date and place of birth, identity and the end of any previous marriages for each party. Your celebrant may also ask you to complete a statutory declaration to support your evidence.

Your celebrant is responsible for ensuring you have fulfilled the legal requirements prior to your ceremony.


After you are married.

On the day of your wedding, you will sign three marriage certificates. Each certificate should be signed by you, your celebrant and two witnesses. Your celebrant will give you one of the certificates as a record of your marriage.

After the ceremony the celebrant will forward to the relevant State Registrar of Births Deaths & Marriages The NOIM, the Certificate of Marriage, signed by the groom and bride and two witnesses, (who must be over 18 years of age and who attended and witnessed your union in valid marriage) together with Form 14 Declaration., for the completion of the registration process.

The certificate issued by the registry of births, deaths and marriages is required for many official purposes.

You should apply for a copy of this certificate from the registry after your wedding through the relevant registry of births, deaths and marriages.

As your chosen celebrant - please note that as part of my commitment to customer service I apply for this addition Marriage Certificate on your behalf from BDM and pay the prescribed fee, as part of my standard fee structure.