GETTING MARRIED IN AUSTRALIA: AS EASY GUIDE TO NAVIGATING LEGAL REQUIREMENTS
Planning your wedding should be filled with excitement, love, and anticipation—not confusion over legal paperwork and compliance! If you’re dreaming of tying the knot in beautiful Australia, it’s essential to understand the legal requirements and steps involved to ensure your big day is officially recognised. But don’t worry—Married By A Teddy is here to make navigating the legal side of things as smooth and stress-free as possible.
This guide will cover everything you need to know, from submitting the necessary paperwork and choosing the right celebrant to understanding timelines and documentation. Let’s break down the legal stuff and make it simple so you can focus on what truly matters: celebrating your love!
STEP 1: THE ESSENTIALS - LEGAL REQUIREMENTS FOR MARRIAGE IN AUSTRALIA
Before planning your dream wedding, checking off a few essential legal requirements is critical. In Australia, these rules ensure that every marriage is entered into freely and with a complete understanding of its significance. Here’s what you need to know:
Minimum Age for Marriage:
Both parties must be at least 18 to marry in Australia legally. If either party is aged 16 or 17, a court order and parental consent are required—something to consider if you’re younger and keen to marry.
Proof of Identity and Marital Status:
You’ll need to provide evidence of your identity and marital status. This means showing your birth certificate (if you were born in Australia) or a valid passport (if you were born overseas).
If either party has been previously married, you must provide a divorce certificate or the death certificate of your former spouse to confirm you are free to marry.
Prohibited Relationships:
Marriages between close family members (e.g., siblings or parent and child) are prohibited. This includes relationships by adoption and half-blood relatives.
Consent to Marriage:
Both parties must freely and fully consent to marry. This means no coercion, trickery, or pressure should be involved in the decision to wed.
STEP 2: SUBMITTING THE NOTICE OF INTENDED MARRIAGE (NOIM)
The first official step in the legal marriage is submitting the Notice of Intended Marriage (NOIM). This document notifies your celebrant of the state of your intention to marry and includes vital information about both parties.
When to Submit the NOIM:
The NOIM must be lodged at least one month before your wedding date and no earlier than 18 months before the big day. For example, if you’re planning a wedding on December 15th, your NOIM must be submitted by November 15th at the latest.
How to Complete the NOIM:
The NOIM form must be completed in the presence of an authorised witness, such as a registered celebrant (ideally), Commissioner for Declarations, police officer, or justice of the peace. This step ensures that all information is accurate and verified.Required Documents:
You’ll need to provide original identity documents, such as a birth certificate or passport, and any proof of divorce or spousal death if applicable. Make sure all your documents are up-to-date and ready to go!
STEP 3) CHOOSING THE RIGHT CELEBRANT
An authorised celebrant or officiant must perform your marriage to make it legally binding. Choosing the right celebrant can make a world of difference—not just in handling the legal aspects but also in creating a ceremony that reflects your unique relationship and values.
TYPES OF CELEBRANTS IN AUSTRALIA
Civil Celebrants:
Civil celebrants are the most flexible option. They allow you to personalise your ceremony to suit your style, whether you want something formal, relaxed, or non-traditional. They can conduct weddings anywhere, from scenic outdoor venues to intimate indoor settings.Religious Celebrants:
Religious celebrants perform weddings according to specific religious traditions and practices. A religious celebrant is the right choice if you prefer a ceremony incorporating religious customs.Registry Office Celebrants:
Registry office celebrants offer a straightforward approach for couples seeking a simple, no-fuss ceremony. These ceremonies are typically held at a State Marriage Registry.
WHY CHOOSE AN EXPERIENCED CELEBRANT?
An experienced celebrant, like Married By A Teddy, knows the ins and outs of the legal process, ensuring everything runs smoothly. From guiding you through paperwork to crafting a meaningful and memorable ceremony, a celebrant’s expertise can relieve the legalities and let you focus on enjoying your day.
STEP 4) CONDUCTING THE WEDDING CEREMONY
Once the paperwork is lodged and your celebrant is on board, it’s time to focus on the ceremony. There are a few legal elements that must be included in your wedding ceremony for it to be recognised by law:
Legal Wording by the Celebrant:
The celebrant must include specific legal wording in the ceremony. For example, they must say: “I am duly authorised by law to solemnise marriages according to the law” to ensure the legality of the ceremony.Declaration of Consent:
In the presence of the celebrant and two witnesses, each person must declare that they take the other to be their lawful wedded partner. This declaration confirms that the marriage is entered into freely and willingly.Signing the Marriage Certificates:
After exchanging the vows, you, your partner, your celebrant, and two witnesses must sign three copies of the marriage certificate. The celebrant retains one copy, one is sent to the Registry of Births, Deaths and Marriages in the state where the marriage was officiated, and the final copy is given to you as a commemorative certificate.
STEP 5) REGISTERING YOUR MARRIAGE
After the ceremony, your celebrant will submit the completed marriage paperwork to the Registry of Births, Deaths and Marriages in the state where the marriage was officiated within 14 days. Once registered, your marriage will be officially recognised.
Obtaining Your Official Marriage Certificate
The commemorative certificate you receive on your wedding day is a lovely keepsake. Still, it’s not the official marriage certificate needed for legal purposes (e.g., changing your name or updating your marital status).
To obtain the official marriage certificate, you must apply directly to the Registry of Births, Deaths and Marriages online or in person.
QUICK REFERENCE CHECKLIST: LEGAL MARRIAGE REQUIREMENTS IN AUSTRALIA
Here’s a quick summary of the critical steps and documents needed to get married in Australia:
Submit the NOIM:
Lodge at least one month before your wedding date but no earlier than 18 months prior.
Provide Identity and Marital Status Documentation:
Birth certificate or passport, and any necessary proof of end of previous marriage (e.g., divorce or death certificate).
Select an Authorised Celebrant:
Choose from civil, religious, or registry office celebrants.
Include Required Legal Wording and Declarations:
Ensure your ceremony includes the necessary legal declarations and wording.
Register Your Marriage:
Your celebrant will submit the paperwork to the Births, Deaths and Marriages Registry within 14 days.
Final Thoughts: Making Your Wedding Day Legal and Unforgettable
Navigating the legal requirements for getting married in Australia doesn’t have to be overwhelming. With the correct information and support, you can breeze through the process and focus on what matters—celebrating your love in a way that’s uniquely you.
Ready to make your wedding day not just official, but unforgettable? We offer a range of ceremonies to suit every vibe – from I Do, I Do, a simple and sweet legals-only option, to Let’s Get Married, a beautifully pre-scripted ceremony with just the right amount of flair. For those who want the full experience, Professionally Fabulous is our fully personalised, one-of-a-kind ceremony crafted just for you. Whatever your style, we’re here to make it fabulous!
Wanting something a little more creative such as a themed wedding, an elopement, or getting married right before you skydive, check out our Ceremonies Overview page.
Contact Married By A Teddy today, and let’s make your dream wedding a reality. Maybe a hangover from partying too hard, but no legal headaches included!