Legal Requirements to be Married in Australia.
Civil ceremonies are marriages which are non-religious. These ceremonies are conducted by a Civil Marriage Celebrant who has been appointed by the Australian Commonwealth Attorney General. Marriages can be solemnised at any location in Australia pursuant to sub section 39 (2) of the Marriage Act 1961.
How much notice do I have to give?
The first step is The Notice of Intended Marriage. This document is the first legal requirement to be completed prior to your marriage. The law requires that is form be completed signed and lodged with your celebrant one month prior to your wedding day. Also no more than eighteen months prior to the marriage being solemnised. The Notice of Intended Marriage is active for 18 calendar months from the date of lodgement.
So what do I need to know?
- The Law states to marry in Australia you must be 18 years or over. In extenuating circumstances (if under 18 years of age) you can apply to the Courts for the permission of a Judge to be married, however this is rarely granted.
- On the day of your wedding you will require two witnesses over the age of 18.
- ALL documents mentioned, that are written in foreign languages, MUST be translated into English (NAATI translated) when sighted by your Australian celebrant.
- A photo ID (such as a driver’s licence or passport) is required.
What documents do I need?
Never Validly Married:
- Birth Certificate and/or Current Passport; Photo ID such as a Driver’s Licence; if born overseas birth certificate and/or a passport are required
- Birth Certificate and/or Current Passport; Photo ID such as a Driver’s Licence; Decree Absolute (divorce Papers) if born overseas birth certificate and/or a passport is required
- Birth Certificate and/or Current Passport; Photo ID such as a Driver’s Licence; Death Certificate of spouse; if born overseas birth certificate and/or a passport are required
Documents Required Never Validly Married.
Birth Certificate, Phot ID such as a drivers licence and/or Passport. If born in Australia, a copy obtained form the Registry of Births, Deaths and Marriages. Please see link. www.bdm.nsw.gov.au If you were born overseas, a Birth Certificate (translated in English), Photo ID or Passport will be required. If this is misplaced, you can obtain a copy from the Embassy.
Birth Certificate, Photo ID; If born overseas, birth certificate and/or passport. A Death Certificate of your spouse. If you have misplaced this, you can obtain a copy from the Registry of Births, Deaths and Marriages.www.bdm.nsw.gov.au Or you can obtain an overseas Death Certificate from the embassy.
Please note that the application forms are required to be certified by a qualified witness, such as a Justice of the Peace, Notary Public, Legal Practitioner with a current practising certificate and/ or an authorised officer under oath of Secction 26 of the Oats Act 1900