All you need to know…
Marriage Under Australian Law
Under Australian law, marriage is defined as the union of two people to the exclusion of all others, voluntarily entered into for life.
Legal Requirements
Both people must:
Be at least 18 years of age, and
Understand the meaning of marriage and freely agree to marry.
In limited circumstances, a couple may marry if one person is over 18 and the other is aged between 16 and 18. In these cases:
Parental or guardian consent is required, and
A court order must be granted before the marriage can proceed.
If both parties are under 18, an application can be made to a Judge for permission to marry. This is rarely granted.
You must also:
Not already be married, and
Not be closely related to each other.
Notice of Intention to Marry (NOIM) — Form 13
The Notice of Intention to Marry (NOIM) must be completed:
At least 30 calendar days before your wedding, and
No more than 18 months before your wedding.
Submitting earlier is recommended to secure your preferred date and time.
In some circumstances, the NOIM can initially be lodged with only one party’s signature. The other party must sign as soon as possible before the wedding. I have these forms available, or they can be downloaded.
Witnessing the NOIM
The NOIM must be signed in front of an authorised witness.
If signed in Australia:
An authorised marriage celebrant
Commissioner for Declarations
Justice of the Peace
Barrister or solicitor
Legally qualified medical practitioner
Member of the Australian Federal Police or State/Territory police
If signed outside Australia:
Australian Diplomatic Officer
Australian Consular Officer
Authorised Commonwealth or Australian Trade Commission employee
Notary Public
Identification Requirements
By law, I must sight:
Original birth certificates, and
Photo identification.
If you do not have your original birth certificate, you should apply through the Registry of Births, Deaths and Marriages in the state or territory where you were born. Processing can take time, so apply early.
Important Notes:
An Australian passport cannot be accepted as proof of birth for people born in Australia.
Statutory declarations are generally only applicable to people born overseas.
If born overseas, a current overseas passport is acceptable.
Birth certificates in other languages must be translated into English by a registered certified translator and include a translation certificate.
If your name differs from your birth certificate, you must provide original documentation showing the change (for example, a change of name certificate or marriage certificate).
Previous Marriages
If either of you has been previously married, you must provide:
Original divorce papers, or
Original death certificate of your previous spouse (if widowed).
If you need a copy of divorce documents, contact the Family Law Court in the state where the divorce was granted.
Providing these documents when completing the NOIM helps ensure the notice is completed correctly.
If You Are Overseas
If you are overseas, you may email a completed NOIM that has been correctly witnessed.
The date I receive the scanned copy becomes the official lodgement date.
However, I must receive the original document before your wedding day.
Marriage Certificates and Witnesses
After your ceremony, three marriage certificates are signed:
The official certificate sent to the Registry of Births, Deaths and Marriages
A copy retained in my official marriage register
A presentation (commemorative) certificate given to you
You must also have two witnesses, who must:
Be over 18 years old, and
Be able to read and understand English.