The Legal Side of Getting Married in Australia: What You Need to Know

Getting married in Australia is a joyous occasion, but it also involves meeting some important legal requirements. Understanding these steps can help ensure your big day goes off without a hitch. As your celebrant, I’m here to guide you through the process, making sure everything is in place for a legally recognized marriage.

Step 1: Complete the Notice of Intended Marriage (NOIM)
The first legal requirement is lodging the Notice of Intended Marriage (NOIM) form. This must be submitted at least one month before your wedding date and no earlier than 18 months before. As your celebrant, I will help you complete the NOIM and ensure it is submitted on time.

Take a moment to gather the necessary documents:

  • Your birth certificate or passport as proof of your birthdate and place.
  • If either of you has been married before, you’ll need divorce papers or a death certificate to confirm the end of the previous marriage.

 

Together, we’ll ensure all paperwork is in order, and I’ll provide guidance on how to sign and witness the NOIM properly.

Step 2: Proof of Identity and Legal Eligibility
Providing proof of identity is essential to the legal marriage process. You’ll need to present photo ID, such as a driver’s license or passport, alongside your birth certificate or passport. If you have changed your name, documents that confirm the change will also be required.

It’s equally important to confirm your legal eligibility to marry. We’ll go over any previous marriages or legal issues that may need to be addressed, ensuring everything is clear before your wedding day.

Step 3: Declaration of No Legal Impediment
As part of the legal process, you and your partner must sign a Declaration of No Legal Impediment to Marriage before the ceremony. This document declares that there are no legal reasons preventing you from marrying, such as already being married or being closely related.

As your celebrant, I’ll make sure this declaration is signed at the right time and properly witnessed, ensuring the process runs smoothly. I’ll guide you through each step to ensure you are fully aware of what’s required.

Step 4: Legal Wording in the Ceremony
During the ceremony, there are legally required statements that both the couple and I must say. As your celebrant, I’m responsible for ensuring that these are spoken correctly:

  • My part: I will say, “I am duly authorised by law to solemnise marriages according to the law.”
  • Your part: You and your partner must include the phrase “I call upon the persons here present to witness that I, [Name], take you, [Name], to be my lawful wedded wife/husband/spouse.”

 

I’ll guide you through these moments in the ceremony, ensuring the legal wording is integrated seamlessly into your vows, while still keeping the ceremony personal and meaningful.

Step 5: Witnesses and Signing the Register
Two witnesses over the age of 18 are required to be present during the ceremony. They’ll also sign the marriage certificate alongside you and your partner, and me as your celebrant.

After the ceremony, I’ll make sure that all the required documents are signed and correctly completed. This includes lodging your official marriage certificate with the Registry of Births, Deaths, and Marriages in your state or territory.

Additional Considerations: Shortening of Time and Same-Sex Marriage
There are some special circumstances where the one-month NOIM notice period can be shortened, such as illness, travel, or work commitments. If this applies to you, I’ll guide you through the process of applying for a shortening of time from a magistrate or court official.

Since 2017, same-sex marriage has been legally recognised in Australia. As your celebrant, I’ll ensure that all legal requirements are met, regardless of gender, and that your ceremony is inclusive, respectful, and in line with your vision.

Your Celebrant’s Role in the Legal Process
As your marriage celebrant, my role is not just to officiate your ceremony but to ensure that all legal aspects are handled smoothly and efficiently. From submitting your NOIM to guiding you through the ceremony’s legal wording and paperwork, I’ll be with you every step of the way. By working together, we’ll make sure that the legal side of your wedding is taken care of, so you can focus on celebrating your love.

Understanding the legal requirements of marriage in Australia may seem overwhelming at first, but with the right guidance and preparation, it’s a straightforward process.

As your celebrant, I’m here to support you, ensuring your marriage is legally recognised and that your ceremony is a reflection of your love and commitment.