Legal requirements for a wedding ceremony in Australia
Below are the legal requirements for a wedding ceremony in Australia. Please contact me if you would like me to clarify any information.
Notice of Intended Marriage
You will need to complete and lodge this form with me (or another celebrant) at least one month prior to your wedding. You can download a copy from here at the Attorney-General's Department.
Proof of Identity
You need to provide original photographic evidence to prove who you are, this can be:
driver’s licence
proof of age/photo card
Australian or overseas passport or
a Certificate of Australian Citizenship along with another form of photographic evidence.
Proof of your date and place of birth
You need to provide an original document to confirm your date and place of birth, this can be:
an original birth certificate or
an Australian or Overseas Passport (as appropriate)
an original extract of birth
If you have been previously married- documents to confirm the dissolution of your previous marriage
If you are a widow or widower, you will need to provide an original death certificate of your former spouse. If your previous marriage ended in divorce and this was prior to 2002 then you will need to show me a copy of your ‘decree absolute’. If your marriage ended after 2002, you will need to provide a Certificate of Divorce.
Happily Ever … Before and After booklet
Once you have booked a celebrant, you will be provided with the document entitled “Happily ever … Before and After”.
Declaration of No Legal Impediment to Marriage
You will need to sign this form in the days leading up to your wedding (usually signed at the rehearsal). This form confirms the details of each party and that there is no legal impediment to the marriage, such as either party being too young for marriage, the couple is not in a prohibited relationship (for example too closely related), neither party is married and they are both there of their own free will etc.
Ceremony
Your ceremony will need to include the required legal components (for more detail, see below in the FAQs):
your names must be said in full either before the legal vows or during the legal vows
I must introduce myself as a Marriage Celebrant and read a legal paragraph called the Monitum
you must each read the legal vows, ie “I ask everyone here today to witness that I John Adam Smith take you Samantha Anne Jones to be my lawful wedded wife”
Official Certificate of Marriage, a Certificate of Marriage and the Marriage Register
You will need to sign these documents during the ceremony in the presence of myself and two witnesses over 18 years of age.
Lodgement
As the celebrant, I must lodge the relevant documents with the local Birth, Deaths and Marriages.
Frequently asked questions regarding the
Legal Requirements
What must be included in our ceremony to ensure it is legal?
I need to introduce myself to the wedding party and guests as an authorised celebrant
Your names must be said in full (as listed on the Notice of Intended Marriage) at least once during the ceremony, prior to or during your vows.
I must read a particular paragraph, known as the Monitum, from Section 46 of the Marriage Act 1961.
For example: I am duly authorised by law to solemnize marriages according to law. David and Julie, 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 now 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.
You must exchange legal vows which state that you would like everyone present to witness that you take the other to be your lawful wedded husband/wife, as per Section 45(2) of the Marriage Act 1961. For example: I ask everyone here today to witness that I Donald take you Betty to be my lawful wedded wife.
You must sign the Official Certificate of Marriage, a Certificate of Marriage for you to retain and the Marriage Register.
Do I need to say ‘I do’ to be married or exchange rings?
No, you are not required to say ‘I do’ during your ceremony nor do you need to exchange rings to be legally married in Australia.
What are the rules for marriage in Australia
To be legally married in Australia, as provided by the Australian Government Attorney-General’s Department. The two marrying parties must:
not be married to someone else
not be marrying a parent, grandparent, child, grandchild, brother or sister
be at least eighteen years old, unless a court has approved a marriage where one party is aged between 16-18 years old
understand what marriage means and freely consent to becoming married
use specific words during the ceremony
give written notice of their intention to marry to their authorised celebrant.
Can I get married if I am under 18 years of age?
Of a couple intending to marry, one party is able to be under 18 years of age however you will need to complete extra paperwork. Contact me to discuss the legal requirements.
Can I get married within one month if I have not completed a Form 14 Notice of Intended Marriage
There are certain circumstances when a shortening of time can be permitted. Contact me to discuss the legal requirements.
Can I get married in Australia if I am not an Australian citizen or resident?
Yes, you may get married in Australia if you are not an Australian citizen or resident and even if you are not living in Australia.