Legal Requirements for Marrying in Australia

Legal Requirements Marrying in Australia

Legal Marriage in Australia is defined as the union of a man and woman to the exclusion of all others. This marriage must be authorized by a Civil Marriage Celebrant or Member of the Clergy.

Documents to get Married in Australia

We’ll need to complete the  “Notice Of Intended Marriage” and lodge it, at least 30 days and no longer than 18 months before the proposed ceremony.
It is valid for 18 months. (Best earlier rather than later to secure your date and time)
I can email you this form.
Please do not sign the Notice of Intended Marriage Form as the signature must be witnessed by the Celebrant or other authorised person.
We will fill in the form together on -line.

Certain documentation must be produced and sighted by the celebrant before the marriage is solemnized:

  •  Your Original Birth Certificate or Passport.
  • If either of you have been previously married then your Original Divorce Decree papers or Death Certificate of a previous spouse. (in case you need a copy of your Divorce Paper please contact the Family Law Court in the State you were Divorced).
  • If either party has officially changed their names, a Change of Name Certificate is required.
  • Any documents in a foreign language must be translated into English and a Translation Certificate supplied.
  • You will also sign a declaration stating that there is no legal impediment to your marriage.

Legal Age of Getting Married 

Both persons intending to marry must be the age of 18. If one party is between the age of 16 and 18 years old you are required to obtain the following:

  • Parents’ consent on the required form
    and
  • A court order under section 12 of the marriage Act.

Couples Living interstate or Overseas

  • If you will not be in NSW until a few days before the Ceremony, we can still get on with the lodgment of the NOIM.
    I can email you the form and you can have it filled out and signed by an appropriate person here in Australia or overseas. Contact me for details.

Witnesses for the Wedding Ceremony

You are required to have two witnesses who are both over the age of 18 present to sign the Marriage Register and Certificates.

Shortening of time

It is possible to shorten this minimum time if special circumstances set out in the regulations are met.

Firstly, you need to meet with me to fill out the Notice of Intended Marriage Form.

Secondly, you will need to approach a prescribed authority for approval (your Local Court or Registry Officials) They are the only ones that can shorten the required period if they are satisfied that the circumstances prescribed in the regulations are met: These circumstances are:
1. Employment related or other travel commitments.
2. Wedding or celebration arrangements, or religious considerations.
3. Medical reasons
4. Legal proceedings.
5. Error in giving notice.

The reason for seeking a shortening of time must fall within one of these categories and it is up to the prescribed authority to approve the application ~ it is not an automatic process