HOW TO ACTUALLY LEGALLY GET MARRIED IN AUSTRALIA
Not too sure about the legal details of getting legally hitched in Australia? Don’t worry..neither did I before I got married, let alone until I became an authorised celebrant. So here is the 411 on the legal steps to getting married in Australia. These are the basics, every situation comes with its own considerations - which is why the role of a celebrant is SUPER important. Taking care of the fine details is our gig and responsibility…I mean we live and breathe this right!?
All marriages in Australia are regulated by the federal government through the Marriage Act 1961 and the Marriage Regulations 1963. Three are eight minimum requirements to meet to legally get married in Australia.
To get married in Australia, you must:
Not be married to someone else
Not be marrying a parent, grandparent, child, grandchild, brother or sister (including by adoption)
Be at least 18 years old, unless a court has approved a marriage where one party is between 16 and 18 years old. Approval will not be given if both parties are younger than 18 years.
Understand what marriage means
Freely consent to getting married
Use specific words during the marriage ceremony
Give your celebrant written notice of your intention to marry, within the required time frame (legal form known as the NOIM - Notice of Intended Marriage)
Have two people over the age of 18 who attend your ceremony to witness your union and sign ceremony specific certificates
These eight points might seem a little overwhelming and you may have some questions. This is where I come in, don’t worry - I will be able to give you the down low on each of them and how they relate to your specific situation.
WHAT’S WITH ALL THE LEGAL FORMS?
Here is a quick overview of the legally required forms and the sequence that they will need to be signed and sealed in order to be legally married in Australia.
COMPLETE THE NOIM (Notice of Intended Marriage) - this form is to make sure you are who you say you are, to validate your age and also to check to see if you have been married before. The NOIM must be completed at least 4 weeks prior to your wedding ceremony date.
COMPLETE THE DECLARATION OF NO LEGAL IMPEDIMENT TO MARRIAGE - you need to sign the Declaration of No Legal Impediment to Marriage (DONLIM) as close as you possibly can to your wedding ceremony. This is most commonly signed at the rehearsal. The DONLIM is the legal declaration that that both of you are of marriageable age, are not in a prohibited relationship, are not married to someone else, and are not aware of any other legal impediment to your marriage taking place.
THE OFFICIAL CERTIFICATE OF MARRIAGE AND CERTIFICATE OF MARRIAGE - we have made it to your ceremony yay! You have verbalised your promises and commitment and said your I do’s. It is time to make this official by signing on the dotted line, where yourself, your partner and two witnesses (over the age of 18) will sign thre marriage certificates. Two of these are the Official Certificate of Marriage and the other is a Certificate of Marriage (also called a Presentation Certificate). After you, your two witnesses and myself as your celebrant have signed all three certificates, I will hand you the Certificate of Marriage – it is a record of your marriage that you can keep.
IS THAT IT?!
No not quite - now that your ceremony is completed and I have your signed documents in my hot little hands, I will lodge your paperwork ((the NOIM, the Declaration and one of the Official Certificates of Marriage) to the Registry of Births, Deaths and Marriages in the Australian state or territory where the marriage took place. This will be lodged within 14 days of your wedding ceremony date and will mean that your wedding is then registered!
Once your wedding is registered with Births, Deaths and Marriages, you can apply for a copy of the registered (legal) Official Certificate of Marriage through the Registry of Births, Deaths and Marriages.