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Getting Married in Australia
Tim Manger
Civil Marriage Celebrant

"...The easiest way to get married is to contact Tim today, and he will look after everything for you...

Getting Married

In order to be legally married in Australia, all couples must complete an application form known as a Notice of Intended Marriage (NOIM). In addition, couples must provide absolute proof of ID which may be any of the following:

If a Birth Certificate or overseas Passport is unobtainable (non Australian born citizens only), a standard Statutory Declaration will be required (in order to provide proof of birth date and place of birth), as per section 42(1)(b)(ii) of the Marriage Act 1961.

Note: This is common with refugees or people who have fled war torn countries, who have no way of accessing or recovering birth or marriage records.

Notice of Intended Marriage

The following is a brief explanation of the requirements for marriage according to the Marriage Act 1961 and the Marriage Regulations 1963.

It is a requirement under Section 42 of the Marriage Act 1961, that specific statutory documentation be completed prior to the solemnization of your marriage. The main documents include:

A Notice of Intended Marriage [NOIM] (the underpinning document that contains your critical and personal details)

To authenticate your Notice of Intended Marriage, you are required to provide evidence of your legitimacy to be married under Australian Law. In particular, you must provide:

  • An original Birth Certificate (if you were born in Australia)
  • A current Passport (if you were born Overseas)
  • Any Divorce or Nullity Papers (if you have been previously married)
  • A Death Certificate (if your previous marriage ended accordingly)
Any Statutory declarations (declaring your legitimacy to be married under Australian Law)
  Download 'Successfully Completing Your NOIM'

In addition to the above, you are required to understand the relationship you are both about to enter, outlined in a statutory brochure Happily Before & Ever After, which is given to you during the initial meeting.

Decree Absolute

Prior to getting married, you must provide definitive proof of how, when and where your previous marriage was terminated. This could be due to:

In the case of Divorce, the most common method for providing 'proof of release from a previous marriage' is via a Divorce Order or Decree Absolute. In Victoria, this is currently issued by the Federal Magistrates Court (either in Melbourne or Dandenong) and is generally an A4 document which bears a stamped 'red seal'.

Underage Marriage or Marriage to a Minor

You are not legally allowed to marry if you are both under 18 years of age, however if only one of you is under 18 you can apply for a court order, providing that you have permission from a legal guardian.

Also under Australian Law, you cannot legally marry an immediate family member, such as your mother, father, brother or sister.

Impediment to Marriage

At some stage prior to your actual Marriage Ceremony (usually at the rehearsal), you must complete a Form 14. This form declares that neither you or your partner believe there is any Impediment to Marriage, thus declaring you are legally eligible to be married under Australian Law.


Ask Tim a Question
Question Answer

Do I automatically become an Australian Citizen once I am married?

Related to Legalities

No. If you want to become a permanent resident in Australia, you will need to apply for a permanent visa. Talk to me today about getting married - Call: 0400 161 078

Non Relevant Answer

Getting Married Getting Married
Do I automatically become an Australian Citizen once I am married? Do I automatically become an Australian Citizen once I am married?
 

Is it illegal for adoptees to marry?

Related to Legalities

Yes. Talk to me today about getting married - Call: 0400 161 078

Non Relevant Answer

Marriage to a Relative Marriage to a Relative
Is it illegal for adoptees to marry? Is it illegal for adoptees to marry?
 

Which Act covers weddings in Australia?

Related to Legalities

Marriage Act 1961. Talk to me today about getting married - Call: 0400 161 078

Non Relevant Answer

Getting Married Getting Married
Which Act covers weddings in Australia? Which Act covers weddings in Australia?
 

Do I need to have a special permit if having a home ceremony?

Related to Legalities

No, although you may want to check parking and noise restrictions in your local neighbourhood. Talk to me today about getting married - Call: 0400 161 078

Non Relevant Answer

Home Ceremonies Home Ceremonies
Do I need to have a special permit if having a home ceremony? Do I need to have a special permit if having a home ceremony?
 

What is the minimum legal age a person can be married in Australia?

Related to Legalities

16. Talk to me today about getting married - Call: 0400 161 078

Non Relevant Answer

Marriage to a Minor Marriage to a Minor
What is the minimum legal age a person can be married in Australia? What is the minimum legal age a person can be married in Australia?
 

What are the Marriage Regulations 1963 all about?

Related to Legalities

Marriage Regulations 1963 are designed to facilitate the Australian Marriage Act 1961. Think of the regulations as the practical application of the Marriage Act. Talk to me today about getting married - Call: 0400 161 078

Non Relevant Answer

Getting Married Getting Married
What are the Marriage Regulations 1963 all about? What are the Marriage Regulations 1963 all about?
 

What are some examples of impediment to marriage?

Related to Legalities

Some examples my include, being married to someone already (not divorced), being too closely related or being of non-marriagable age (being a minor). Talk to me today about getting married - Call: 0400 161 078

Non Relevant Answer

Legal Marriage Documentation Legal Marriage Documentation
What are some examples of impediment to marriage? What are some examples of impediment to marriage?
 

Can I still use my maiden name after I am married?

Related to Legalities

Yes, you can legally use either your maiden name or married name (depending on your requirements). Talk to me today about getting married - Call: 0400 161 078

Non Relevant Answer

Getting Married Getting Married
Can I still use my maiden name after I am married? Can I still use my maiden name after I am married?
 

What is a Dissolution of Marriage?

Related to Legalities

A Divorce. Talk to me today about getting married - Call: 0400 161 078

Non Relevant Answer

Getting Married Getting Married
What is a Dissolution of Marriage? What is a Dissolution of Marriage?
 

Why do I have to complete a Statutory Declaration?

Related to Legalities

You are required to complete a Statutory Declaration, to declare that there is nothing (as far as you are aware), that is impeding your marriage to your partner. Talk to me today about getting married - Call: 0400 161 078

Non Relevant Answer

Getting Married Getting Married
Why do I have to complete a Statutory Declaration? Why do I have to complete a Statutory Declaration?
 

What evidence do I need to provide if my previous marriage ended with the death of my partner?

Related to Legalities

A Death Certificate. Talk to me today about getting married - Call: 0400 161 078

Non Relevant Answer

Getting Married Getting Married
What evidence do I need to provide if my previous marriage ended with the death of my partner? What evidence do I need to provide if my previous marriage ended with the death of my partner?
 

Is it legal to sign the Marriage Certificates whilst intoxicated?

Related to Legalities

No. Talk to me today about getting married - Call: 0400 161 078

Non Relevant Answer

Marriage Certificates Marriage Certificates
Is it legal to sign the Marriage Certificates whilst intoxicated? Is it legal to sign the Marriage Certificates whilst intoxicated?
 

Can my partner and I legally hyphenate our names to create a new name?

Related to Legalities

Yes, however you will need to complete a 'Change of Name Certificate 'to make your new name legal. Talk to me today about getting married - Call: 0400 161 078

Non Relevant Answer

Getting Married Getting Married
Can my partner and I legally hyphenate our names to create a new name? Can my partner and I legally hyphenate our names to create a new name?
 

Which courts in Australia handle Divorce?

Related to Legalities

The Family Court of Australia or the Federal Magistrates Court. Talk to me today about getting married - Call: 0400 161 078

Non Relevant Answer

Getting Married Getting Married
Which courts in Australia handle Divorce? Which courts in Australia handle Divorce?
 

Is the NOIM the only form I need to complete prior to my wedding day?

Related to Legalities

No, apart from the NOIM you will also need to complete a Declaration of No Impediment to Marriage, which I provide and witness. Talk to me today about getting married - Call: 0400 161 078

Non Relevant Answer

Getting Married Getting Married
Is the NOIM the only form I need to complete prior to my wedding day? Is the NOIM the only form I need to complete prior to my wedding day?
 

See Also

The Marriage Process (Simplified)

Same Sex Unions


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Weddings - Marriages - Commitments

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