Glenda Prideaux
Civil Celebrant
Legal requirements
Legal requirements for marriage in Australia are outlined below as general advice. Please contact me if you have any questions.
- Definition of marriage in Australia
- Minimum age of marriage
- Notice of Intended Marriage Form
- Other documentation required
- Statutory declarations
- Shortening of time
- Witnesses
- Proof of Marriage
- The Marriage Celebrant's responsibilities
- Registering the Marriage
- From overseas or migrating to Australia?
Definition of marriage in Australia
Legal marriage in Australia is defined as the union of a man and woman to the exclusion of all others. The marriage must be solemnised by a Commonwealth Authorised Marriage Celebrant or Member of the Clergy.
TOPMinimum age of marriage
Both persons intending to marry must be 18 years of age or older. If one party is between the age of 16 and 18 years you are required to obtain the following:
- parents' written consent, and
- a court order under Section 12 of the Marriage Act (1961).
Notice of Intended Marriage
It is a legal requirement to complete a Notice Of Intended Marriage (NOIM) and lodge it with your celebrant, no later than 1 month and 1 day and no earlier than 18 months before the proposed ceremony. This form can be downloaded from the Attorney-General's website.
Please do not sign the Notice of Intended Marriage as the signature must be witnessed by the celebrant or another authorised person. Once lodged, the notice is valid for a period of 18 months.
If you live interstate and will not be in Western Australia until a few days before the ceremony, you can still lodge the NOIM with me or I can post or email a copy and you can have it filled out and signed by an appropriate person in that state and then post it back to me.
TOPOther documentation required
As well as the NOIM, you will also sign a declaration stating that there is no legal impediment to your marriage.
Certain other documents must be produced and sighted by the celebrant before the marriage is solemnised:
- If born in Australia: your original Birth Certificate (if you need a copy please contact Births Deaths and Marriages in the State that you were born).
- If born overseas: your original Birth Certificate or valid overseas passport.
- If either of you have been previously married:
your original Divorce Decree papers or Death Certificate of a previous
spouse. (If you need a copy of your divorce documents please contact
the Family Law Court in the State you were divorced).
For marriages dissolved before 1975, a copy of the Decree Absolute can be obtained from the Supreme Court in the state where the marriage was dissolved. - If either party has officially changed their names: a Change of Name Certificate is required available from the Registry of Births, Deaths and Marriages.
- Documents in a foreign language: any documents in a foreign language must be translated into English and a Translation Certificate supplied.
Statutory declarations
If you cannot obtain a copy of your birth certificate due to your circumstances, I can help you complete a Commonwealth Statutory Declaration, where you can state the details of the date and place of your birth, your parents etc.
TOPShortening of time
It is possible to shorten the minimum time of notice of intention to marry if special circumstances set out in the regulations are met. Firstly, you need to meet with me to fill out the Notice of Intended Marriage (NOIM). Secondly, you will need to approach a prescribed authority for approval (your Local Court or Registry Officials). They are the only authority that can shorten the required period of notice if they are satisfied that the circumstances prescribed in the regulations are met. These circumstances are:
- Employment related or other travel commitments.
- Wedding or celebration arrangements, or religious considerations.
- Medical reasons.
- Legal proceedings.
- Error in giving notice.
The reason for seeking a shortening of time must fall within one of these categories and it is up to the prescribed authority to approve the application — it is not an automatic process.
TOPWitnesses
You are required to have two witnesses who are both over the age of 18 present to sign the Marriage Register and Certificates on the day of the ceremony.
TOPProof of Marriage
You will be required to sign 3 marriage certificates following the ceremony.
The first is the official certificate which the celebrant will send to the Registry of Births, Deaths and Marriages to officially register the marriage.
The second is a duplicate certificate which the celebrant keeps as a record of the marriage.
The third is a numbered marriage certificate, often referred to as the parties' certificate, which you will be given as a keepsake. This certificate is conclusive evidence of your marriage but not of your identity. Some entities e.g. Centrelink, require you to produce a registered copy of your marriage certificate. This is obtained from WA Registry of Births, Deaths and Marriages.
You must be sure you have a full understanding of all legal requirements of a marriage.
TOPThe Marriage Celebrant must:
- Undertake to comply with all relevant areas of the Marriage Act (1961).
- Identify his/herself to the assembled parties as the celebrant authorised to solemnise the marriage and say the words (the Monitum) required by Section 46 of the Marriage Act (1961), in the presence of the parties, the formal witnesses and the guests, in order for the marriage to be solemnised.
- Ensure that the witnesses see and hear the vows being exchanged. The exchange of vows is the integral part of the marriage.
- Sign the papers required by the Act and register the marriage.
Registering the Marriage
Marriage Celebrants are responsible for registering the marriage within 14 days of the ceremony taking place.
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