Legal requirements before the wedding

Who can get married?

You must be at least 18 years of age to marry in Australia.  If one person is under the age of 18 marriage is still possible by parental consent as per section 12 of the Marriage Act.

What documents do you need to get married in Australia?

If you are Australian born you must show your birth certificate. This can be obtained from the Department of Births, Deaths and Marriages in the State or Territory in which you were born.  If you were born overseas I will need to see your passport from your country of birth.

Everybody being married in Australia is required to complete an application form known as the Notice of Intended Marriage (NOIM). A NOIM form must be completed and lodged with me at least one month and one day prior to the wedding. You cannot get married within Australia without giving this notice thus there is no such thing as “surprise” same day weddings. Once lodged with me the certificate is valid for a maximum period of 18 months.

I will provide a filled in copy of this form as part of my services or it can be downloaded at the Attorney-General’s website.

When one of the parties to an intended marriage cannot conveniently sign the NOIM in the prescribed time, such as when one partner is overseas, the other party only may be permitted to sign the notice. However in this case, the party who has not signed the notice must sign it in my presence before the marriage is solemnised.

What if there are circumstances where the wedding must take place with less than 30 days notice? Is it possible to shorten the notice time?

There are some conditions where a marriage may be solemnised within the 30 day period of the NOIM.  In these cases a prescribed authority will need authorised the marriage to occur.

There are some conditions where a marriage may be solemnised within the 30 day period of the NOIM.  In these cases a prescribed authority will need to authorise the marriage to occur.

Criteria for consideration include:

1. Employment-related or other travel commitments
2. Wedding celebration arrangements or religious considerations
3. Medical reasons
4. Legal reasons
5. Error in giving notice by the celebrant

I am more than happy to assist you with this should the need arise. You can find out more information at the Attorney-General’s website.

What if you have been previously married?

If you have been previously married, you must provide evidence of how your previous marriage ended such as a Divorce Decree Absolute or the Death Certificate of your previous spouse.