Legal requirements for marriage in Australia

Marriages in Australia are solemnised under the Marriage Act 1961 & under that Act the following are legally required:

  • You must be over the age of 18 years to be married in Australia.
  • A Notice of Intended Marriage (NoIM) must be lodged with your Marriage Celebrant no less than one month and one day prior to the marriage being solemnised. Note: This cannot be lodged more than eighteen months prior to the ceremony
  • Normally the Notice of Intended Marriage is completed and signed at your first meeting with your Marriage Celebrant and the required documentation (see following point) must be produced to the Celebrant at that time, or certainly before the marriage can take place. I will provide it or it can be downloaded from the Australian Attorney General website.
  • The documentation you are required to produce is your original birth certificate, or authorised extract of such certificate. If you were born in Australia your birth certificate can be ordered from the Department of Births, Deaths & Marriages in your state.
  • Although birth certificates are preferred, in the case of persons born outside of Australia a Marriage Celebrant can accept an overseas passport in lieu of the birth certificate
  • If either of you have been previously married an original copy of your Certificate of Divorce (Decree Absolute) or, in the case of widowhood, an original copy of the Death Certificate must be produced.
  • Prior to your wedding, you will both be required to sign a declaration, under the Marriage Act 1961, stating that you believe there is no legal impediment to the marriage between yourself and your partner.
  • You will need 2 witnesses over the age of 18 at your ceremony.