What Are the Legal Requirements for Getting Married in Australia? A Complete Guide
Getting married in Australia involves a specific legal process that sits completely separately from whatever ceremony you choose to have. You could elope on a beach, get married in a church, or say your vows in your backyard with 200 people watching. The legal requirements are the same regardless. Here is exactly what they are.
The Notice of Intended Marriage (NOIM)
This is the document that kicks the whole legal process off. The Notice of Intended Marriage must be signed and lodged with your celebrant at least one calendar month before your ceremony.
So if your wedding is on the 15th of November, the NOIM needs to be with your celebrant no later than the 15th of October.
There is also a maximum timeframe. The NOIM cannot be lodged more than 18 months before the ceremony.
You both need to sign the NOIM in front of an authorised witness. Your celebrant is an authorised witness, but so are doctors, police officers, dentists, and a range of other prescribed persons. If you live in different cities or cannot get to your celebrant easily, you can sign in front of a different prescribed witness and post it through.
What Identification Do You Need?
Both people need to provide original identification documents. The requirements vary slightly depending on your circumstances.
If you were born in Australia: a full birth certificate (not a commemorative one, the official registry-issued one) and a current photo ID such as a passport or driver's licence.
If you were born overseas: your passport and birth certificate. If your birth certificate is not in English, a certified translation is required.
If you have been married before: you need to provide evidence that the previous marriage has legally ended. This means either a divorce certificate or a death certificate for a former spouse.
Your celebrant will check these documents and keep copies as required by law.
Are There Any Age Requirements?
In Australia you must be 18 years old to marry without special permission.
Marriages involving anyone under 18 require an order from a judge or magistrate and are extremely rare.
Who Can Legally Marry You in Australia?
Only an authorised marriage celebrant or a minister of religion registered under the Marriage Act 1961 can legally marry you in Australia. You can check that your celebrant is properly registered on the Marriage Celebrants Register, which is publicly searchable on the Attorney-General's Department website.
This is worth doing.
There have been cases of couples discovering years later that their celebrant was not registered and their marriage was not legally valid. It is a quick search and worth the 30 seconds.
The Legal Words That Must Be Said
There are specific words that must be spoken during the ceremony for the marriage to be legal. The celebrant must say something along the lines of: 'I am duly authorised by law to solemnise marriages according to law.'
Each person marrying must say words to the effect of: 'I call upon the persons here present to witness that I, [full name], take you, [full name], to be my lawful wedded wife/husband/spouse.'
These are the minimum legal requirements.
Everything else in your ceremony is entirely up to you.
What Happens After the Ceremony?
Three copies of the marriage register are signed at the ceremony. One goes to you, one stays with the celebrant, and one is lodged with Births, Deaths and Marriages in your state. Your celebrant is responsible for lodging this within 14 days of the ceremony.
You will receive an official marriage certificate from Births, Deaths and Marriages Victoria. This is different from the commemorative certificate your celebrant may give you on the day. The official one is the one you need for changing your name and any legal purposes.
What Does a Celebrant Handle vs What Do I Need to Do?
When you book me as your celebrant, I manage the NOIM, check all your identification documents, prepare all the register copies, lodge everything after the ceremony, and follow up with Births, Deaths and Marriages to make sure it is all processed correctly. You provide the documents. I do the rest.
The full rundown of legal requirements is also on The Legalities page of this site if you want a detailed reference. And if any of this raises questions specific to your situation, get in touch directly.
The paperwork side of things is more manageable than it looks on paper.
