Heather Haynes

Legal Requirements PDF Print E-mail

What do you need to be married in Australia?

Marital Situation Documents required
Never validly married (Bachelor/Spinster)
  • Birth Certificates
  • Passport if born overseas
Divorced
  • Birth Certificates
  • Divorce Papers (Decree absolute)
Widower or Widow
  • Birth Certificates
  • Death Certificates


What if you don't have a birth certificate?
If you were born overseas and your birth certificate, passport and all records of your birth have been destroyed you can complete a Statutory Declaration.
If you were born in Australia "a Statutory Declaration is not acceptable" you must obtain a birth certificate.

Age Requirements

You must be over the age of 18 to be married in Australia, except with the permission of a Judge.

 

Notice of Intended Marriage

In order to be married complete and lodge a "Notice of Intended Marriage" form at least one month and one day and no more than eighteen months prior to the wedding day.

Where can you obtain a "Notice of Intended Marriage" form?

I (the celebrant) can forward this to you.

What do you need to complete the "Notice of Intended Marriage" Form?


International Couples

In order to complete the form, fill out all your personal particulars and have your signatures witnessed in the presence of either:
  • An Australian Diplomatic Officer
  • An Australian Consular Officer
  • Notary Public
Once the document has been witnessed return the notice to me (the celebrant), bringing the original with you within the minimum one month and one day notice period and no more than eighteen months prior to the wedding day.
Once the Notice has been duly signed and returned to me it is considered lodged.
You do not need to be in Australia to lodge the Notice.
You have until your wedding day to produce your birth certificates, passports, divorce papers and death certificates.

Australian Couples

The Notice must be signed in front of either:
  • An authorised celebrant
  • A commissioner for Declarations under the Statutory Declarations Act 1959
  • An Australian Diplomatic Officer
  • An Australian Consular Officer
  • A Justice of the peace
  • A barrister or solicitor
  • A legally qualified medical practitioner
  • A member of the Australian Federal Police force or a Police force of an Australian State or Territory
After the Notice has been duly signed and returned to me (the celebrant) it is considered lodged.

What notice period do you need to provide?
The Notice must be lodged with me (the celebrant) at least one month and one day and no more than eighteen months prior to your wedding.

Shortening Notice - Notice of Intended Marriage to be shortened

 

For those couples who want to be married earlier than 1 month and 1 day.
The 5 categories of circumstances set out in the regulations are the only reasons this can be achieved. The 5 categories are:
  • Employment related or other travel commitments
  • Wedding celebrations arrangements, or religious considerations
  • Medical reasons
  • Legal proceedings
  • Error in giving Notice

 

If these categories are relevant to your circumstances - What do you need to do?

At this stage the notice of shortening form is not available from the local courts website, so you will have to collect it in person.
Please verify with the court to ensure they are a prescribed authority.
Contact me (the celebrant) to book the time, date and venue for your wedding ceremony.
Complete the form and make an appointment to see the Clerk of the Court.
Once the permission has been granted you can be married.

Fiancé Visa

Information requested by The Australian Embassy world wide when arranging a fiancé visa.

In due course, a letter is required by the Australian Embassy requesting confirmation from the marriage celebrant who will be officiating at your wedding ceremony, the completion date of the Notice of Intended Marriage form and the time, date and venue of your wedding ceremony. Without this information the Australian Embassy will not accept this letter.
Once the Notice of Intended Marriage form is completed, this letter will be handed to you to be forwarded to your fiancé and the application will proceed.