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The Legal Stuff

Wedding Rings
Congratulations – you’re getting married!

 

Some things you might need to know ....
 
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Read on for the answers to these questions and more ...

What are the requirements for getting married in Australia?

To get married in Australia, you must:

  • not be married

  • 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 1 person is 16-18 years old

  • understand what marriage means and freely agree to marry

  • use specific words during the ceremony

  • give a notice of intended marriage form to an authorised marriage celebrant at least 1 month and no more than 18 months before your wedding

  • be married by an authorised marriage celebrant

 

You don't have to be:

  • an Australian citizen

  • a permanent resident of Australia

 

If you are not an Australian citizen or permanent resident of Australia and you want to live in Australia after your marriage, you should find out about getting a visa.

Requirements for getting married

What paperwork do we need to lodge, and with whom?

Before you get married, you need to:

 

Ask your authorised marriage celebrant if you need help with the form; they can talk you through the various requirements. You can complete it if you are overseas and plan to get married in Australia.

 

If there is less than 1 month until your wedding, talk to your authorised marriage celebrant - you may still be able to get married if a prescribed authority approves it. Reasons for getting married in less than one month include:

  • employment-related or travel commitments

  • wedding or celebration arrangements

  • medical reasons

  • legal proceedings

  • error in giving notice

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Your authorised marriage celebrant will also need:

  • evidence of your date and place of birth (birth certificate or passport)

  • identity (driver's license or passport)

  • proof that a previous marriage has ended

 

If your documents are in a foreign language, they will need to be translated by an individual accredited with NAATI - the National Accreditation Authority for Translators and Interpreters. The translator will need to provide a statutory declaration to accompany the translated documents, which will be lodged with the official documentation after the ceremony.​​

What paperwork do I need to lodge

Do my partner and I both have to attend to sign the Notice Of Intended Marriage form?

It is possible for one party to sign a NOIM on a different date to the other party and this may involve a different witness. For example, one party may be interstate or overseas in the lead up to the marriage.

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The NOIM must be signed in the presence of an authorised witness. Persons who are authorised to witness the Notice are:

  • If a party signs the Notice in Australia – an authorised celebrant, a Justice of the Peace, a barrister or solicitor, a medical practitioner, or a member of the Australian Federal Police or the police force of a state or territory.

  • If a party signs the notice outside of Australia – an Australian Consular Officer, an Australian Diplomatic Officer, a notary public, an employee of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1955, or an employee of the Australian Trade Commission authorised under paragraph 3(d) of the Consular Fees Act 1955.

 

The authorised witness must sight the signature being completed and then sign and date the NOIM themselves. The Electronic Transactions Act 1999 applies to the Marriage Act 1961. This means that couples, celebrants and witnesses may complete the NOIM electronically.

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A celebrant can receive a NOIM once completed and signed by at least one party, when the signature of the other party cannot conveniently be obtained at least one month prior to the proposed ceremony, for example, where one party is overseas, and provided the other party signs the NOIM in the presence of the celebrant before the marriage is solemnised.

Signing the NoIM

How will our marriage become registered?

On your wedding day, three marriage certificates must be signed by:

  • you and your spouse

  • your authorised marriage celebrant, and

  • two witnesses, who must be over 18 years old

 

Your authorised marriage celebrant will give you a certificate of marriage on the day. This is a ceremonial certificate of your marriage.

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Your celebrant must then (within 14 days of the marriage) submit your marriage paperwork to the registry of births, deaths and marriages in the state or territory you got married in.

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You should apply for a copy of your official marriage certificate from the registrar of births, deaths and marriages. Your celebrant can do this on your behalf, generally at a cost. You will need this if you want to change your name or prove that you are married.

How will your marriage become registered

Can I get married overseas?

The Smartraveller website has more information on getting married overseas, however the following is generalised information from that source.

 

Overseas marriages cannot be:

  • performed by an Australian-authorised marriage celebrant

  • registered in Australia

 

The foreign government may ask you to prove that you're free to marry. Each foreign government determines what evidence they will accept, with common documents requested including a Certificate of No Impediment to Marriage and certificates from an official registry of births, deaths and marriages.

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An overseas marriage is generally recognised in Australia if it:

  • was a valid marriage in the overseas country, and

  • would have been a valid marriage here

 

You may be able to use your overseas marriage certificate to prove that you got married. However, some states and territories don't accept overseas marriage certificates if you want to change your name. For more information, visit your state or territory's registry of births, deaths and marriages.

Can I get maried oveseas
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