Legal Requirements
Marriages in Australia are subject to the legal requirements of the Marriage Act 1961
Parties to a Marriage
Marriage in Australia can take place between a man and a woman, who are each at least eighteen years of age.
The marriage can be celebrated in any location, but must be in the presence of a Registered Celebrant, and at least two witnesses who are eighteen years of age or over.
A divorced person is not allowed to re-marry, unless his or her divorce from the previous marriage has been finalised. To do so would be bigamy. The second marriage would be void and penalties may be incurred.
It is a legal requirement to complete the Notice of Intended Marriage (NOIM) form and lodge it with your Celebrant one month and one day prior to your wedding day. It is valid for 18 months. This form can be downloaded from the Attorney-General's website. The Notice of Intended Marriage Form must be witnessed by the Celebrant or other authorised person.
Marriage of any person under the age of 18 years requires an order of a judge or magistrate.
No two persons under the age of 18 years can marry.
Certain documentation must be produced and sighted by the celebrant before the marriage is solemnized i.e. Birth Certificates for Australian citizens; Overseas passports; and in the case of a previous marriage a Decree Absolute or Death Certificate must be produced.
The Marriage Celebrant Must:
Identify themselves to the assembled parties, as the celebrant authorised to solemnise the marriage and say the words required by section 46, in the presence of the parties, the formal witnesses and the guests before the marriage is solemnised.
Ensure that they see and hear the vows being exchanged, because it is the exchange of vows that constitutes the marriage.
Sign the papers required by the Act and register the marriage.
Registering the Marriage
The Marriage Celebrants is responsible for registering the marriage within 14 days of the ceremony.
Marriage Certificate
At your wedding you will be presented with a Marriage Certificate. This certificate is conclusive evidence of your marriage but not of your identity. Some entities e.g. Passport Office & RTA require you to produce a registered copy of your Marriage Certificate. This is obtained from NSW Registry of Births, Deaths and Marriages at a cost of $36. (higher fee if urgent)
You will be provided with an Application for a Marriage Certificate form in your package, or it can be downloaded from www.bdm.nsw.gov.au in the Marriage Certificates section.
