Your Guide to the Legal Requirements for Marriage in Australia

Getting married is one of life’s most exciting and memorable moments, but before you can walk down the aisle, there are some important legal requirements you need to know about. As a celebrant, I’m here to guide you through the process, ensuring everything runs smoothly on your big day. Let’s break down the legal side of marriage in Australia so you can focus on what really matters—celebrating your love!

1. Eligibility to Marry in Australia

Before anything else, you need to make sure you meet the legal criteria to get married in Australia. You can legally marry if:

• Both parties are at least 18 years old (there are exceptions for people aged 16-18, but this requires court approval).

• You are not married to someone else.

• You are not related to each other (this includes a parent, grandparent, sibling, or half-sibling).

• You give real consent to the marriage, meaning neither party is being forced into it.

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2. Notice of Intended Marriage (NOIM)

To legally marry in Australia, you must lodge a Notice of Intended Marriage (NOIM) form with your celebrant at least one month before your wedding day. The form remains valid for up to 18 months, so you can plan ahead if needed.

You’ll need to complete this form in front of an authorised person, such as your celebrant, a police officer, or a lawyer. Make sure to bring original identification documents when submitting your NOIM, including:

• A birth certificate or passport (for both parties).

• Photo ID if only a Birth Certificate is provided

• If applicable, divorce or death certificates from any previous marriages.

Once you’ve lodged the NOIM, the countdown begins!

3. Choosing an Authorised Celebrant

To ensure your marriage is legally binding, your ceremony must be officiated by an authorised celebrant. This could be a:

• Civil celebrant (like myself!),

• Minister of religion from a recognised denomination,

• Registrar at a registry office.

As your celebrant, I will guide you through every step of the legal process and ensure that all requirements are met.

4. The Marriage Ceremony

Your wedding ceremony doesn’t have to be long or elaborate, but it must meet certain legal requirements to be valid in Australia. These include:

• The Monitum: Your celebrant must say the legal statement that acknowledges their authority to solemnise the marriage under Australian law. It goes something like this: “I am duly authorised by law to solemnise marriages according to the law.”

• The Legal Vows: You and your partner must each say a specific set of vows, declaring that you take each other as your lawful wedded spouse. The exact wording is: “I call upon the persons here present to witness that I, [your name], take you, [partner’s name], to be my lawful wedded [husband/wife/spouse].”

Aside from these legal obligations, the rest of your ceremony can be personalised however you like!

5. Signing the Marriage Certificates

At the conclusion of the ceremony, you, your partner, your celebrant, and two witnesses (over the age of 18) must sign three marriage certificates:

1. One is sent to Births, Deaths and Marriages to officially register your marriage.

2. One is kept by your celebrant for their records.

3. And one is yours to keep as a memento of your special day!

After the paperwork is signed, your celebrant will register your marriage with the relevant authority. You can then apply for an official marriage certificate from Births, Deaths and Marriages, which is needed for things like changing your name or updating legal documents (I actually do this for all of my couples to save them the hassle).

6. After the Wedding

Once you’ve signed on the dotted line, your marriage is officially recognised under Australian law! However, if either of you plans to change your surname after marriage, you’ll need to apply for a legal marriage certificate (not the commemorative one from the ceremony) from Births, Deaths and Marriages. This certificate will be required for updating your name on official documents such as your driver’s licence, passport, or bank accounts. (I order this for all of my couples as it’s included in my service)

7. Marrying Overseas or Legalising an Overseas Marriage

If you're an Australian marrying overseas or if you were married overseas and want to legalise your marriage here, things get a little more complicated. While many overseas marriages are recognised in Australia, it's important to consult with a celebrant or legal expert to ensure you're aware of the specific requirements that apply to your situation.

Need Help Navigating the Legal Process?

As a fun and professional celebrant, I’m not only here to officiate your wedding but to guide you through every step of the legal process. From lodging your NOIM to ensuring all the legal elements are covered on your big day, I’ll make sure everything runs smoothly.

If you have any questions or need help getting started, feel free to reach out for a no-obligation chat. Let’s make sure your wedding is as stress-free and enjoyable as possible—legally and romantically!

Bec xx