The Legalities

What are the legal requirements with getting married in Australia?

Please remember, there are certain regulations and legalities that MUST be fulfilled under the provisions of the Marriage Act 1961, and associated Regulations.  Under the Marriage Act the following documents must be produced before a marriage can take place. 

All documents must be originaI, photocopied or certified copies are not acceptable. IT IS PREFERABLE that you bring your documents with you at the first meeting we have, this way all is taken care of.

All documents need to be in English, or have an official translation of the document into English. A specific Commonwealth Statutory Declaration is also required in that regard.

Notice of Intended Marriage form (NOIM):

Up to 18 months notice of your proposed marriage can be given, however notice MUST be given no less than ONE MONTH prior to it. One months notice means, you may marry on the corresponding number of that day in the next month, to the day's number when your Notice of Intended Marriage was lodged.

For example:  If your Notice of Intended Marriage was lodged on the 1st March, the earliest you may marry is the 1st April.

If the date is so late in the month, that there is not a matching number of day in the next month, then the next available day, is the day upon which you can marry.

For example:

Giving your celebrant Notice on the 31st January, means you may marry on 1st March but not earlier.

Giving your celebrant Notice on the 31st May, means you may marry on 1st July but not earlier.

Within these time frames a completed and signed NOTICE OF INTENDED MARRIAGE form must be given to the authorised celebrant who is to conduct your marriage ceremony. (In exceptional circumstances the Registrar may approve a shortening of time for the NOIM). Remembering that your chosen celebrant must have sighted all necessary documents.

Whilst the notice should ordinarily be signed by both parties, both parties do not have to be present to sign the NOIM at the same time, for example one of the parties may be interstate or overseas. However there must be a genuine reason for both parties not signing at the same time, and all documents must be in order. In this circumstance, the notice may be signed by the party lodging it with the authorised celebrant, and the notice will be effective if it is signed by the other party in the presence of the authorised celebrant before the marriage is solemnised.

If a party signs the notice in Australia – the NOIM must be signed in the presence of any of the following:  an authorised celebrant, a Commissioner for Declarations under the Statutory Declarations Act 1959, a justice of the peace, a barrister or solicitor, a legally qualified 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 Australia – the NOIM must be signed in the presence of any of the following:  an Australian Diplomatic Officer,  an Australian Consular Officer,  a Notary Public  (a person in any country publicly authorised to attest contracts and perform other formalities – someone to witness legal documents),  an employee of the Commonwealth authorised under para 3 (c) of the Consular Fees Act 1955,  an employee of the Australian Trade Commission authorised under para 3 (d) of the Consular Fees Act 1955.  The easiest of all of these is usually the Notary Public.

You will find a list of Australian Embassies & Consulates at   http://www.dfat.gov.au/missions/

Remember that there can be a delay in getting an appointment to see an Australian Consulate Officer.

Do you need to be in Australia a certain time before you can marry?

No.  You can marry the day that you arrive from overseas if you wish.  But, remember, by law I must receive your signed and completed Notice of Intended Marriage form from you at least one month and one day before the wedding.  It is best if you are intending to marry in this way, that you ensure I receive your form early.

How old do you have to be?

You must be at least age 18 years of age – when one of the party is under 18 years of age, both Parental and a Court Order will be required. Under no circumstances may two people under 18 years of age marry each other.   Anyone under 16 years of age, are NOT permitted by law to be married.