Legal Requirements

Before you can be married, there are some legal aspects you must go over with your Celebrant.

Forms
Two important forms which must be completed prior to your marriage are:

1. The Notice of Intended Marriage (NOIM), which must be accurately completed, signed and handed to your Celebrant at least one month, but not longer than 18 months prior to your marriage ceremony. I will provide you a Notice of Intended Marriage form, or you can download a PDF version from the Australian Attorney-General’s “Getting Married in Australia” web page. (Click for PDF or Word).

2. The Declaration, that to your belief, there is no legal impediment to your marriage. This form should be completed a short time before the marriage ceremony – for example, at your ceremony rehearsal.

I can assist you with both of these forms.

Required documents
You will also need to show your Celebrant the following legal documents before you can be married. Documents must be originals; certified copies will not suffice.

1. Photo identification
2. Passport* or official birth certificate (and NAATI-accredited English translation if original document is written in another language). *Includes Australian passports from 1 July, 2014.
3. Certificate of Divorce or previous spouse’s Death Certificate (if you have been married previously)
4. Change of Name certificate (if you have changed your name from the name on your birth certificate, other than by previous marriage)

If you don’t have a certificate that is required for your particular situation, order one from the registry office of Births, Deaths and Marriages (or equivalent authority) or Family Law Court as applicable, in the relevant state or territory, or seek assistance from your embassy or consulate as early as possible to ensure you receive the document in time.

If you are unable to obtain the required certificate despite taking all reasonable steps to do so, you will require a Statutory Declaration. Please contact me if you would like further information.

Marriageable age
Marriageable age in Australia is 18 years.

If one of the parties to the marriage is under 18 years of age, there are additional, somewhat complicated steps which must be taken before you can legally marry. In summary**, you will also require:

1. An Order from a judge or magistrate under Section 12 of the Marriage Act.
2. Written consent:

a. Parental consent, OR
b. If parental consent is not attainable:

i. Dispensation with parental consent from a prescribed authority under Section 15 of the Marriage Act, AND
ii. Consent to marry from a magistrate or judge in the place of parental consent under Section 16 of the Marriage Act, AND
iii. A certificate from a marriage counsellor.

** Please note this advice is of a general nature only. You should seek independent legal advice if one of the parties to the marriage is under 18 years of age.