Understanding Wedding Legalities
Who Can Marry Under Australian Law
Marriage under Australian law means the union of two people to the exclusion of all others, voluntarily entered into for life.
Legal
Both people are of marriageable age when they reach the age of 18 years.
They understand what marriage means and freely agree to marry.
A couple can be married if one party is over 18 and the other is between 16 and 18; however, parental/guardian consent must be given and a court order granted before they can be married.
In extenuating circumstances (if under 18 years of age), you can apply to the courts for the permission of a Judge to be married. However, this is rarely granted and you must not be married to anyone else or closely related to one another.
Notice of Intention to Marry
Form 13 The Notice of Intention to Marry, otherwise known as the (NOIM) must be completed 30 calendar days before your wedding day and no more than 18 months beforehand (I would suggest earlier rather than later to secure your date and time). There are some circumstances where this can be activated and lodged with only the signature of one member of the intending marriage. The other party to the marriage must sign the contract as soon as possible before the wedding date. I do have these on hand.
The Notice of Intention to Marry can also be downloaded.
The NOIM must be signed in the presence of any of the following:
Myself as the authorised marriage celebrant (a) if a party signs the notice in Australia—a Commissioner for Declarations under the Statutory Declarations Act 1959, a justice of the peace, a barrister or solicitor, a legally qualified medical practitioner or a member of the Australian Federal Police or the police force of a State or Territory; (b) if a party signs the notice outside Australia – an Australian Diplomatic Officer, an Australian Consular Officer, an employee of the Commonwealth authorised under paragraph 3 (c) of the Consular Fees Act 1955, an employee of the Australian Trade Commission authorised under paragraph 3 (d) of the Consular Fees Act 1955 or a notary public.
Identification
I am required by law to sight your birth certificates and some photo identification. If you don’t have an original birth certificate, you can apply to the Registrar of Births, Deaths and Marriages in the State/Territory where you were born. I highly recommend that you do this without delay, as it can take some time to process your application.
IMPORTANT: An Australian passport cannot be accepted under any circumstances for persons born in Australia and statutory declarations only apply to persons born overseas. If you were born overseas and hold a current overseas passport, this is acceptable or a birth certificate that is translated into English by a registered certified translator. Any documents in a foreign language must be translated into English and a translation certificate must be supplied. If your name differs from your documentary evidence, you will need to produce original documentation showing the reason for the change, such as an ORIGINAL, change of name certificate or marriage certificate.
If either of you have been previously married, then you'll require your original divorce decree papers or the death certificate of a previous spouse (If you need a copy of your divorce paper, please contact the Family Law Court in the state where you were divorced.) If you have been widowed, please bring the original death certificate.
All of these documents are preferred at the time of completing The NOIM as this ensures the notice of intended Marriage is completed correctly.
If you are overseas you can email me a completed notice of intention to marry that has been signed by the relevant parties. Once this is done, you can email it to me in Australia. The day I receive the scanned copy is the “lodgement date”—this makes it very easy to lodge your notice in time BUT I must receive the original prior to the wedding day.
Who Can Marry Under Australian Law
Following the ceremony, you will sign three marriage certificates. The first is the official certificate, which is sent to the Registry of Births, Deaths and Marriages. The second is a copy, which is kept in my marriage register as a record of your marriage and the third is a numbered wedding certificate, often referred to as a “presentation” certificate, which will be presented to you. Two witnesses over the age of 18 who can read and understand English will also be required to sign the above documentation.
