Legal Requirements

Getting Married in Australia

Congratulations! You’ve found your perfect soul mate and are engaged to get married!
If you’re getting married in Australia, I have listed all your legal requirements and obligations here!
Part of my service as your marriage celebrant is to make all these processes and nice and easy for you, so feel free to contact me if you have any questions!

1. Your first legal obligation to getting married is to complete and lodge a “Notice of Intended Marriage” (NOIM)

If you wish, you can download it here.

This notice must be lodged with your marriage celebrant, no less than one month, but within 18 months, of your confirmed wedding date.

You can apply for a shortening of time, if you wish to marry sooner than the one month lodgement period, but your reasons for doing so, must fall within one of the following criteria:

  • Employment related or other travel commitments
  • Wedding or celebration arrangements or religious considerations.
  • Medical Reasons Melbourne celebrants
  • Legal proceedings Melbourne wedding celebrants
  • Error in giving notice (This relates only to error on the part of the celebrant)

If a party to an intended marriage cannot conveniently sign this notice at the time, the other party may individually sign the notice anytime prior to the marriage being solemnised.

*I can assist with any Visa Application letter requirements at this time.

When lodging a NOIM, the following ORIGINAL forms of identification must be made available;

  • Australian or Overseas Birth Certificate (Not Birth Extract)
    You can contact the Department of Births, Deaths & Marriages to purchase a reprint;
  • Australian or Overseas passport
  • Photo Identification. ie. Drivers license
  • If a party is widowed – the death notice of that party’s spouse
  • If a party is under the age of 18 – A parent’s consent on the required form and a court order under Section 12 of the marriage Act
  • If you are divorced, you must provide a Certificate of Divorce/ Decree Absolute.
  • For overseas documents that do not have an English translation, an official translation by a NAATI approved translator MUST be obtained before the NOIM can be completed.
    You can contact the NAATI translator closest to you by clicking HERE.

As of 1 July 2002, the Family Court and the Federal Magistrates Court ceased issuing both a decree nisi of dissolution of marriage and a decree absolute. They now issue a document titled “Certificate of Divorce”, which contains the dates of the decree nisi and the decree absolute. This certificate is evidence of divorce for the purpose of solemnising a marriage.

If you were divorced prior to 1 July 2002 you will need to show me a copy of the decree absolute.
If a party is under the age of 18 – A parent’s consent on the required form and a court order under Section 12 of the marriage Act

2. In the time leading up to the wedding

A Declaration of No Legal Impediment to Marriage will need to be completed and signed.
This is a means to declare that the information provided in your NOIM is true & correct to the best of your knowledge and that you see no legal impediment to getting married. The signing of this document is normally done at the time of your final meeting, or rehearsal.
I will provide this document for you to sign in my presence.

3. At the ceremony

On the day of your ceremony you will be required to sign three documents.
Two copies of your Official Certificate of Marriage, one of which I will forward to the Department of Births, Deaths & Marriages for registration and one of which I keep as a record. Your presentation Marriage Certificate, which you will be able to take home with you on the day!
Your two witnesses and I will sign these also.

4. After the ceremony

I will notify you via email once your marriage has been processed and registered with the Department of Births, Deaths & Marriages.
This email will include instructions on what you will need to do moving forward, should either of you wish to change your name.