Take a moment to read through all the various steps you will need to take in order to be married in Australia. If any of it feels too confusing – just give us a call at the office on (03)9820 1119 and we can talk you through whatever you need to know.
What you need to know about the process of legally getting married in Australia – in a nutshell…
A completed Notice of Intended Marriage form Notice of Intended Marriage form (NOIM) needs to be lodged with your intended celebrant at least one month (and no more than 18 months) before the ceremony. This can be lodged by only ONE person – even if your partner is not in Australia at the time. This can also be lodged from Overseas by email or mail with us.
Along with your Notice of Intended Marriage form, you also need to provide evidence of your identity (specifically your place and date of birth) and information on how any previous marriages ended. (Please see the DOCUMENTATION LIST to find out what relevant documentation you’ll need.)
If you were born in Australia you will need to provide the following documentation as proof of identity and birth;
An original (or certified copy) of your birth certificate
+ an original (or certified copy) of your current driver’s license OR an original (or certified copy) of your current proof of age card.
OR
An original (or certified copy) of your current passport. The passport yo provide can be expired, however it cannot be cancelled. Talk to us if you need help with this.
If you were born overseas you will need to provide the following documentation as proof of identity and birth;
An original (or certified copy) of your non-Australian passport or birth certificate
If either of you have been married before you will need to provided one of the following for proof of how that/those marriages ended (please note, if you have been married more than once, you will only need to provide proof of how your LAST marriage ended, however you will be required to list the dates of your previous marriages only);
If marriage ended in divorce, you will need to provide the original (or certified copy) of your divorce certificate, decree absolute or nullity order. If you were married in Australia and cannot find a copy of your original paperwork then please contact the Family Law Courts in order to obtain a copy.
If your marriage ended in the death of a spouse, you will need to provide the original (or certified copy) of the death certificate.
If you are under the age of 18 you must provide the following;
A court order from a judge or magistrate which gives you authority to marry AND Both (living) parents’ written consent to the marriage.
*Copies of the above documentation are considered ‘certified’ when they have been sighted and signed by a sworn member of the Police Force, (or Justice of the Peace) as true copies. The best and simplest way to have a copy certified is to go straight to your local police station.
*In the instance that one or both of the parties to marriage does not have evidence of his/her birth, and are unable to obtain such, (for example in the case of sone of the parties being a refugee) they will be required to supply a statutory declaration confirming their place of birth. If this applies to you, please call us to discuss. We can assist you with information on how to write this required document, and we are also able to witness your signing of this document for you.
*If you are lodging your Notice of Intended Marriage form from overseas, you will need to have photocopies of your identity documents certified by an Australian Consulate or Embassy Official, a Notary Public.
*Where identity documents are not written in English, you must also provide a translation by an accredited translator. You may like to visit the following website for translators who are approved for translation of documents in the Commonwealth of Australia. www.naati.com.au
The ‘Declaration of no legal impediment to marriage’ must be signed prior to your wedding. This document is a Statutory Declaration which you will sign in front of your celebrant which confirms that you are both of marriageable age, and that there is no circumstance which would be a legal impediment to your marriage to one another. Don’t worry – our celebrants will guide you through this so its simple to understand. Feel free to ask any questions at any time if you are confused about any part of the process.
On the day of your ceremony you must make public declarations in front of witnesses. This means you will need to speak out loud in a ‘repeat-after-me’ process. These legally worded phrases are repeated after your celebrant and they are (words to this effect):
I call upon the people here present to witness, that I (name) take you (name) as my lawfully wedded wife/husband/partner.
On the day of your marriage you will also be required to sign up to three marriage certificates. The bride should sign using her current name or maiden name.
You will receive a Party Marriage Certificate on the day of your Marriage Registration ceremony.
After the wedding ceremony your Commonwealth Registered Marriage Celebrant will complete the legal process and fully register the marriage which took place. The registration is uploaded to the Office of Births, Deaths and Marriages in Victoria. This is done using the Government Portal which we are required to use to upload all documents that were signed on the day. Once we complete this, we will provide you with a Registration Confirmation Number and at this point in time our service is complete and we are no longer able to make any changes to your marriage documentation.
All further correspondence for you is then required to be directly made with the BDM offices – in particular when ordering a final copy of your processed Official Marriage Certificate.
It currently takes the Office of Births, Deaths and Marriages up to five working weeks to officially issue the final legal Marriage Certificate. You are able to order your marriage certificate online anytime after the wedding takes place – or via your marriage celebrant on the day of the registration of the wedding. This is the official Marriage Certificate document you will need to provide to most organisations for legal change of name and proof of your marriage. This is also the document you would need if you are in the process of an Immigration Visa Application.