Legal Requirements

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

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 before your Celebrant (or other suitable witness), and handed to your Celebrant at least one month, but not longer than 18 months prior to your marriage ceremony.

2. The Declaration of No Legal Impediment, on which you declare there is nothing preventing you from marrying each other. Your celebrant will create this form for you to sign a short time before the marriage ceremony – for example, at your rehearsal.

Required documents
You will also need to show your Celebrant the following documents before you can be married. Documents must be originals; certified copies will not suffice. (NAATI-accredited English translation also required if original document is written in another language.)

1. Identification: a passport, or official birth certificate plus photo ID, such as a driver’s licence. 
2. Certificate of Divorce or previous spouse’s Death Certificate (if you have been married previously).
3. 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.