The Legal Process to Get Married in Australia

How to get married in Australia- a rundown of the legal process!

When couples first contact me, I will invariably hear “we’ve never done this before, we don’t really know what to ask or what’s involved”. And why would you, if you’ve never gone through the legal process of tying the knot?

That’s OK, that’s a big part of our job as celebrants. Leading you through the legal process with ease, step by step. Here, I’ve written down what is required to give you an idea:

Step One

Choose your Celebrant

• You could simply Google names of Civil or Religious Celebrants in your area and find one that you like. I would always recommend double checking that they are in fact listed on the Attorney General’s website as an Authorised Celebrant.

Step Two

Lodge a Notice of Intended Marriage

• Prior to a marriage, there is a form that must be completed called the Notice of Intended Marriage (or ‘NOIM’). This is mainly to ensure that each party to the marriage has time to consider and understand the commitment they are going to enter. Kind of like a cooling-off period!
• The soonest the NOIM can be lodged is 18 calendar months prior to the ceremony, and the latest it can be lodged is one calendar month prior to the ceremony- although a Prescribed Authority may approve a shorter notice time in some limited circumstances. The NOIM is then lodged with your chosen celebrant. The form can be supplied by your celebrant or downloaded from the Attorney General’s website: www.ag.gov.au

Step Three

Present your ID and other Documents

• Documents you will need in order to fill out the NOIM: you will need to give your celebrant evidence of date and place of birth, identity, and the end of any previous marriages for each party. Passports are the easiest option, but original birth certificates PLUS photo ID can also be used.  Your celebrant may also ask you to complete a statutory declaration to support your evidence.
• If either one of you has been married previously, you must provide your celebrant with evidence of the termination of the last marriage.

Step Four

Sign the Declaration of No Legal Impediment to Marriage

• The Statutory Declaration of No Legal Impediment to Marriage form (aka the DONLIM), must also be signed by the couple, stating that neither knows of any impediment to being married. This form is supplied by your celebrant and must be filled out as close to the ceremony as is practicable and in the physical presence of your celebrant (so, not over a video call).

Step Five

Have Your Ceremony and Choose Two Witnesses

• You must have 2 designated witnesses to your marriage, both of whom must be over the age of 18, and preferably known to the couple. These witnesses will have to sign the registry forms at the end of the ceremony along with you and the celebrant. The witness’ job is to literally witness you saying your legal vow sentence to each other, be able to hear and understand that, and sign to that effect.
• During a marriage ceremony, there are certain words that must be spoken in order for the marriage to be recognised legally. The legal Monitum spoken by the celebrant must be:

“I, (insert name of celebrant), am duly authorised by law to solemnise marriages according to law. Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are about to enter. Marriage, according to law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into for life.”

• Additionally, the couple must each say:

“I call upon the persons here present to witness that I (full name), take you, (full name) to be my lawful wedded husband/wife/partner/spouse.”

According to the Marriage Act 1961, there are slight variations that may be made to this wording which include:

‘Call upon’ may be changed to ‘ask’

‘Persons’ may be changed to ‘people’

‘You’ may be changed to ‘Thee’

‘Husband’ or ‘wife’ may be changed to ‘spouse’

‘Persons here present’ may be changed to ‘everyone here’ or ‘everybody here’ or ‘everyone present here’ or ‘everybody present here’, or
the couple may leave out either ‘lawful’ or ‘wedded’, but not both.

Step Six

Complete Ceremony Paperwork

• The signing of the register after you have been declared husband and wife includes 3 forms that must be signed by the bride, groom, the 2 witnesses, and the celebrant. One is the marriage certificate that your celebrant will lodge with Births Deaths and Marriages in the State you are married in; one is the commemorative marriage certificate that you keep for yourselves, and the other is a copy of the marriage certificate which legally must remain with the celebrant.
• If one of you is planning to change your name, or you want/need proof of your marriage for other reasons, you must apply for an official BDM marriage certificate, which currently in NSW costs $68. The commemorative one you keep on the day is not an identity document and is therefore not seen as adequate for many institutions such as banks, passport office etc. In NSW, your celebrant can order one for you and have it delivered to your home address.
• The celebrant must lodge your paperwork within 14 days of your ceremony.

Contact me for any questions/my availability on heidi@byronbaycelebrant.com.au or ph. 0404047313 and I will be happy to help!

FAQs

Q1: How long does it take to get legally married in Australia?
A: You need to lodge your Notice of Intended Marriage at least one month before the ceremony date. After that, your celebrant can legally marry you.

Q2: What documents do you need to get married in Australia?
A: You’ll need original ID documents such as a passport or birth certificate, and photo ID. If you’ve been previously married, you’ll need divorce or death certificates.

Q3: Can international couples get married in Australia?
A: Yes, you don’t need to be an Australian citizen or resident. As long as you follow the legal process and give one month’s notice, you can marry here.

Q4: Can we get legally married without a big wedding?
A: Absolutely! Many couples opt for small ceremonies, elopements or legals-only weddings with just a few witnesses.

Q5: What’s a NOIM and when should we lodge it?
A: The Notice of Intended Marriage is a legal form that must be lodged with your celebrant at least 1 month before the wedding. It’s valid for 18 months.