Legal Requirements

AUSTRALIAN WEDDING LEGAL REQUIREMENTS

The following documentation is required for all couples wanting to be married in Australia. International visitors wishing to get married in Australia should take note of the specific requirements shown.

The Notice of Intended Marriage (N.O.I.M.) form must be completed and in the Celebrant’s possession at least 1 month and 1 day prior to the date of the ceremony. The law also requires that you provide certain documents to the Celebrant to as proof of age and identity – an extract of the regulations is as follows:

The Marriage Act provides very specific requirements for people desiring to marry to provide proof of both age (regardless of looks and whether or not previous marriage/s may have been solemnised) and proof of Identity. The following information shows the documentation and proof required to be produced for verification by the Celebrant.

Evidence of birth:

A safeguard contained in the Act against underage persons getting married, is the requirement that there must be produced to the proposed celebrant, in respect of each party, an official certificate of birth, or an official extract of an entry in an official register showing the date and place of birth of the party. A birth certificate or extract is also a useful means of checking some of the details in the notice of intended marriage.

Evidence of date of birth must be produced in every case, without exception, notwithstanding, that a party has been previously married or appears to be over the age of 18 years. A party born in Australia is expected to provide an official birth certificate or official extract of a birth certificate in all but the most exceptional cases.

If a party is unable to produce a birth certificate or extract, the party, or a parent of the party, must make and give to the proposed celebrant a statutory declaration setting out the reason why it is impracticable (that is impossible) to obtain such a certificate or extract and stating, to the best of the declarant’s knowledge and belief, and as accurately as the declarant has been able to ascertain, when and where the party was born (see section on statutory declarations).

People should be advised of the penalties for making false declarations which is 4 years imprisonment. Notwithstanding the making of such a statutory declaration, a celebrant who had reason to believe it contained a false statement would commit an offense if he or she solemnised the marriage.

As stated above other than in very exceptional circumstances, a celebrant should not accept a statutory declaration where the person has been born in Australia, as it is almost always possible to obtain a birth certificate or extract from the State or Territory of birth.

The fact that, it will cost the party money to obtain the certificate or extract, or that the party has left it too late to obtain the document prior to the ceremony, is not a sufficient excuse and does not make it “impracticable” to obtain it for the purposes of the regulations. [s.42(1)(b)(ii)].

Passports:

An Australian passport must not be relied upon for evidence of date and place of birth because the Act does not provide for this. For a person born overseas a birth certificate or a passport issued by a government of an overseas country, showing the date and place of the party’s birth will be acceptable. It should be noted that it will frequently be possible for a party born overseas to obtain a birth certificate or extract. Where a person born overseas has neither a birth certificate nor a passport issued by a government of an overseas country, a statutory declaration will be acceptable.

Identity of the parties:

The celebrant must ensure that the couple he or she marries are the same as the parties in the Notice. This duty is separate from establishing the date and place of birth of the parties and establishing that any previous marriage from them has ended. You must also establish the identity of each of the parties to the proposed marriage. The best thing to ask for in carrying out this duty is a document with the person’s photo on it eg a driver’s licence or passport. Citizenship papers may also help in this regard.

2.0 Citizens of other Countries must produce. Their Original Birth Certificate or a current Passport from country of birth.

3.0 If either party has been married previously, documentary evidence of the divorce will be needed. In the event of the death of a partner, the Death Certificate must be produced.

4.0 If either party has changed their name by Deed Poll, documents certifying this must be provided.

5.0 The legal age in Australia to be married is 18 years. Two witnesses are required and they must be over the age of 18 years.

List of persons eligible to witness the Notice Of Intended Marriage Form outside of Australia.
An Australian Diplomatic Officer.
An Australian Consular Officer.
An employee of the Commonwealth or an employee of the Australian Trade Commission authorised under paragraph 3(c) of the Consular Act 1955.

A Notary Public (If you cannot get to an Australian Embassy or Consulate using the services of a Notary Public will make completion of the Notice of Intended Marriage Form easier to arrange).

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