
The Legal Bits
Legal requirements to get married in Australia
How do we do this?
​
I will handle all the legal paperwork from start to finish, so you don't have to worry about it. You have enough to think about as you prepare for your wedding. I want your big day to be stress-free and enjoyable. All you need to do is walk down the aisle, get married, and celebrate with some champagne!
Here’s a summary of what I will do for you and what I need from you. You get to focus on the fun parts!
My Responsibilities
- I will ensure there are no legal obstacles to your marriage and that you can legally marry under Australian law.
- You will need to lodge the Notice of Intended Marriage (NOIM) form with me at least one month before your ceremony date.
- I will provide all the legal documents that need to be signed on your wedding day and will include the necessary legal language in your ceremony.
- After your wedding, I will submit all paperwork to the Registry of Births, Deaths, and Marriages (BDM) on the first working day after your ceremony (and no later than 14 days following your marriage) and apply for your official marriage certificate. Please note that the certificate you receive during the ceremony is ceremonial only and not suitable for name changes. BDM will officially register your marriage once I submit the paperwork.
- I prefer to take care of obtaining your official marriage certificate to ensure the details are accurate and to save you time. While BDM charges apply, my service is complimentary.
- Once I send your certificate to you via registered post, you can use it to change your name and as proof of your legal marriage.
Let me take care of the legal details so you can enjoy your special day!
Your job
Fill out the Notice of Intended Marriage with your details. Provide me with your current identification documents, such as your birth certificate and driver's licence, or your passport will also suffice, and if necessary, any divorce documents or death certificates. After you submit the Notice of Intended Marriage (NOIM) to me, I will keep all the documents until it's time to submit the complete paperwork. Right before your wedding, either at the rehearsal or just before I officiate your marriage, I will ask you to sign a Declaration of No Legal Impediment to Marriage.
So, how do I get married legally in Australia?
1. You must be of marriageable age: that’s over 18 years old (one party may be 16 with the consent of both a judge and a parent or guardian).
2. You must not be closely related or in a prohibited relationship.
3. You must not already be married.
4. Both parties must consent and be willing to marry.
5. You must provide at least one month’s notice to me, with both of you signing the Notice of Intended Marriage.
​​
Can we get married sooner than one month?
​​
In extenuating circumstances, there are several scenarios where a shortening of notice is possible such as:
-
Employment or travel commitments
-
Pre-booked wedding or celebration arrangements
-
Medical reasons
-
Legal proceedings
-
Celebrant error in giving notice
How do we shorten the one-month notice period?
​Complete an Application to Shorten the Period of Notice of Intent to Marry. Then lodge it with the Registry of Births, Deaths and Marriages along with supporting documents. I cannot solemnise your wedding until the Registry approves your application. The BDM will apply a fee for this application.
​Can I organise a marriage with you from overseas?
​​No worries! You can print the NOIM form from this website, along with a list of who can witness and sign it with you. Typically, this would be consulate staff or a notary public. Once you have completed the NOIM form, please scan it along with copies of your passports and send them to me. This will be considered as lodged.
Before the wedding, or when you arrive in Australia, I will need to witness your passports in person. Please remember to bring the original NOIM document with you. Some couples opt to send this document to me via registered post to ensure it’s not forgotten. Remember, without a NOIM, there can be no wedding, so having a solid plan is essential!
What is the legal talk during the ceremony?
​There are a couple of things we need to say to get you hitched. We can discuss how you would like to incorporate these two elements into your ceremony.
The Monitum (this is what I say)
“I am duly authorised by law to solemnise marriages according to law. Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter. Marriage, according to law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into for life.”
The Vows (this is what you two say)
“I call upon the persons here present to witness that I, THE BEST PARTNER EVER, take thee, THE BEST PARTNER EVER, to be my lawful wedded (wife/husband/partner in marriage/spouse)."
We must use your full names in the vows or somewhere else in your ceremony.
​​
So, in summary, you will sign five documents
-
Notice of Intention to Marry
-
Declaration of No Legal Impediment to Marriage - (before the ceremony and as close to the ceremony as possible)
-
Official Certificate of Marriage - one copy I send to BDM with all the other necessary documents within 14 days of your marriage
-
Official Certificate of Marriage - one copy I keep for my records
-
Certificate of Marriage - your copy - it is important to understand this certificate is a ceremonial only. I will be your applicant and get your legal marriage certificate.
-
​Your official certificate of marriage must be witnessed by two people. It doesn’t matter who they are, as long as they are over 18. We can include this part in the ceremony or at another stage after the wedding.
I’m taking my partner’s name. What name do I sign on the marriage certificates? How do I change my name after the ceremony?
You will sign your marriage certificates with your current name and the usual signature that you have provided to me on the Notice of Intended Marriage.
To change your name to your spouse’s surname or to hyphenate your surnames, you will need to first get your official certificate of marriage from BDM. Once I have registered your marriage with BDM, I will then become your applicant for your marriage certificate. The certificate gets sent to me, I double check it and send it via registered post to you. Easy!
​​
I understand that this may feel overwhelming, but please know that I'm here to support you through every step of this journey. Let’s embrace this together and be reassured I have you covered!
​