Legal requirements (This is not legal advice)
The usual Legal Routine in brief
- The couple sign and give the Notice of Intended Marriage to the celebrant. (with proofs of birth, divorce or death where necessary)
- At the rehearsal (a few days before) the couple sign the Declarations that they are eligble to marry.
- The wedding takes place.
- The couple, the celebrant, and the two witnesses sign three certificates - one certificate of marriage for the Registrar of Births, Deaths, and Marrriages, a second certificate (the Register which is kept by the clebrant) and a third certificate (the decorative one) which is given to the couple.
- The celebrant registers the marriage within 14 days.
1. The Notice of Intended Marriage
The Notice of Intended Marriage form must be completed and lodged with a celebrant at least one calendar month prior to the wedding. (for clarification purposes we usually say one month and one day!) . It cannot be lodged before 18 months to the wedding date. Download a copy of the Notice of Intended Marriage in .pdf
Shortening of Time
i.e marrying before the one month notice time has elapsed. Permission may be given by a Prescribed Authority. Your celebrant will inform you of the grounds and the procedure.
One party can sign.
If a party to an intended marriage cannot conveniently sign this notice at the time, the other party may sign the notice and give it to the celebrant. It is important to note that the Notice must be given by both parties, even if only one can conveniently sign it. However in this case, the party who has not signed the Notice must sign it, in the presence of the celebrant, before the marriage is solemnised.
Proof of Birth
Both parties must produce Proof of Birth. For Australian born, a Birth Certificate or Extract of Birth. Please note: a Passport is not acceptable even though it may be useful to establish your identity, if the celebrant needs to do so. Statutory Declarations are only acceptable in really unusual circumstances e.g. when there is a "No Record" of birth.
For persons born outside Australia
Birth Certificates or Passports are acceptable. Statutory Declarations are only acceptable in rare circumstances. Download 2005 Statutory Declaration Form in .pdf
Persons who may Witness Commonwealth Statutory Declarations are listed on the back of the Statutory Declaration Form.
Proof of the Dissolution of a Previous Marriage (where applicable).
This usually takes the form of a Decree Absolute of Divorce or Certificate of Divorce (the latest ones) or equivalent - or a full Death Certificate of the widowed Party's former spouse.
How old one must be to be married?
Both parties must be 18 years. (very rare exceptions.)
Are there any exceptions?
If one party is between 16 and 18 years a Judge or Magistrate (with the Parents Consent [exceptions]), cna issue a Court Order permitting the Marriage. It is rarely given.
Does a celebrant have to see proof of residence?
No. Tourists visiting Australia may get married here, and frequently do, because of the high standard of secular ceremonies in this country. (The standard of ceremony has deteriorated sinced the changes of 2003.
Applying for entry into Australia under the prospective marriage (fiancé) plan or the
Partner plan. Prospective Marriage [Fiancé(e)] category - http://www.immi.gov.au/migration/family/partners/fiance.htm
Application process - for full details please go to the website link above.