Legal Requirements for an Australian Marriage
The Notice of Intended Marriage form must be completed and in the Celebrant’s possession at least one month prior to the date of the ceremony. The Marriage Act requires that you provide the following documents to the Celebrant.
- Australian Citizens – For proof of place and date of birth: Official Birth Certificate obtained from the Registry of Births, Deaths and Marriages (BDM) where you were born. We can give you advice on how to obtain these. Photocopies certified by a JP are not acceptable. Current or expired Australian passports are now accepted in rare circumstances where it is not possible to obtain a birth certificate in time for the marriage.
- Non Australian Citizens – Official Birth Certificate from country of birth or a current or expired passport from country of birth. Please note cancelled passports are not accepted.
- In the event that either party has been married previously, a decree absolute, or Certificate of Divorce must be provided. In the event of the death of a spouse, a death certificate must be provided. Certificates of Divorce can be obtained from the Family Law Court, if you were divorced in Australia.
- If either party has legally changed their name, documents from the BDM certifying this should be produced, currently known as a Change of Name Certificate. If you have an informal name change, it is highly recommended to prevent future problems for you to either obtain a Change of Name from the BDM, or use your legal name on the documents.
- The legal age in Australia to be married is 18 years, unless a court order is obtained.
- By law, two witnesses are required who must appear to be over the age of 18 years.
If you think that you won’t be able to meet these requirements please contact us IMMEDIATELY so we can assist you to obtain the documents before your ceremony.