Legal Requirements

Under the obligations of the Marriage Act 1961 you must firstly complete a government form called Notice of Intended Marriage (Form 13) which you can download here.

A Notice of Intended Marriage (NOIM) must be lodged with your chosen Marriage Celebrant no less than one month and one day and no more than eighteen months prior to the date of your marriage.

Sometimes prior to the ceremony you will be required to provide the following proof of identification documents.

  • Original Birth Certificates if you are born in Australia
  • An overseas passport if you are born outside of Australia
  • If you have been previously married you will also need
  • Original Divorce Certificate or Decree Absolute if divorced.
  • Original Death Certificate – if your previous spouse has passed away.

If you live in Australia your signatures on the Notice of Intended Marriage will need to be witnessed by an authority and this can be the following:

  • An Authorised Marriage Celebrant
  • A Commissioner for Declaration
  • A Justice of the Peace
  • A Barrister or Solicitor
  • A legally qualified Medical Practitioner (Doctor)
  • A Member of the Australian Police

If you live outside of Australia your signatures on the Notice of Intended Marriage will need to be witnessed by an authority and this can be the following:

  • An Australian Diplomatic Officer
  • An Australian Consular Officer
  • A Notary Public

Prior to your wedding, both partners will be required to sign a declaration, under the Marriage Act 1961, stating that you believe there is no legal impediment to the marriage between yourself and your partner. This is a legal document and calls for honesty at all times.

On your wedding day, two witnesses over the age of 18 years will be required. They need to be present at the ceremony.

If you have had a change of name other documents will be required so please advise the celebrant as soon as possible.

If documents are not in English it is your responsibility to have these translated so again please advise the celebrant for further information on authorities listed to translate legal documents.
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