Frequently Asked Questions
Can I Get Married?
In Australia any person aged 18 years or older who is not currently married, can get married. A person between 16 and 18 years of age can marry, provided the other party to the marriage is at least 18 years of age. If both people are under 18 they cannot marry.
The person between 16 and 18 must obtain a court order from a judge or magistrate and written consent from both parents before they marry.
The person between 16 and 18 must obtain a court order from a judge or magistrate and written consent from both parents before they marry.
What's the Process of Getting Married in Australia?
Here are the legal requirements of marriage:
1. A completed Notice of Intended Marriage (NOIM) form must be given to me at least one month (and up to 18 months) before the wedding.
2. You and your partner must provide me with evidence of your date and place of birth, identity and the end of any previous marriages.
3. You must both sign the 'Declaration of no legal impediment to marriage.' By signing the Declaration, you declare that you believe that you are of marriageable age, and that there's no legal impediment to your marriage.
4. On your wedding day, I solemnise your marriage. I then ask you, your partner and your 2 witnesses to sign up to 3 marriage certificates.
5. After your wedding I register the marriage with the Registry of Births, Deaths and Marriages in the State/Territory where your marriage took place.
1. A completed Notice of Intended Marriage (NOIM) form must be given to me at least one month (and up to 18 months) before the wedding.
2. You and your partner must provide me with evidence of your date and place of birth, identity and the end of any previous marriages.
3. You must both sign the 'Declaration of no legal impediment to marriage.' By signing the Declaration, you declare that you believe that you are of marriageable age, and that there's no legal impediment to your marriage.
4. On your wedding day, I solemnise your marriage. I then ask you, your partner and your 2 witnesses to sign up to 3 marriage certificates.
5. After your wedding I register the marriage with the Registry of Births, Deaths and Marriages in the State/Territory where your marriage took place.
How Far in Advance Must I Notify You of My Intent to Marry?
You must sign a Notice of Intended Marriage (NOIM) form at least one month and no more than 18 months before the date on which you wish to be married.
Examples:
Examples:
- You lodge your NOIM on 11 January. The earliest you can get married is 11 February, the latest you can get married is 11 July the following year
- You lodge your NOIM on 31 January. The earliest you can get married is 1 March, the latest you can get married is 31 July the following year
Can I Get Married Less than One Month After Lodging my Notice of Intended Marriage (NOIM)?
Only under exceptional circumstances. You must be granted a shortening of the statutory notice period by a prescribed authority such as the Registry of Births, Deaths and Marriages (BDM). Your application will only be considered if you:
There's also a non-refundable shortening fee. However, even if you meet all of the above requirements there's no guarantee BDM will grant you the shortening.
- Have already lodged a complete and signed NOIM with your celebrant
- Provide your original signed and completed NOIM and all supporting documents, as sighted by your celebrant
- Meet one of these exceptional circumstances
- Complete a notice shortening application form, which includes a statutory declaration clearly stating your reasons
- Provide documents as evidence to support your application
- Provide a signed letter from your celebrant, confirming they are willing and available to perform your marriage on your chosen date should the shortening be granted
There's also a non-refundable shortening fee. However, even if you meet all of the above requirements there's no guarantee BDM will grant you the shortening.
What Does 'Conjugal Status' mean?
Conjugal status indicates whether you have been married and if so, how that marriage ended:
- 'Never validly married' - you have not previously been married or your marriage was annulled. Note: you can't use the term 'single' on your forms as it does not indicate if you have been married previously
- 'Divorced' - you have been previously married and divorced
- 'Widow' (women) or 'Widower' (men) - you have previously been married and your spouse passes away
Are Witnesses Required at My Wedding?
Yes, you must have two witnesses attend your wedding ceremony and sign your marriage certificates. Witnesses can be anyone who is least 18 years of age who speak and understand English.
Do I Need an Interpreter?
I conduct all marriages in English. If either the bride or groom does not speak English, you will need to provide your own interpreter. An interpreter cannot be a family member of the bride or groom.
The interpreter will need to complete a statutory declaration form on the day of the ceremony, stating they speak both English and the bride or groom's language. If an interpreter is required and is not present, the ceremony will not go ahead.
Contact Translating and Interpreter Service (TIS) if you need help finding an interpreter.
The interpreter will need to complete a statutory declaration form on the day of the ceremony, stating they speak both English and the bride or groom's language. If an interpreter is required and is not present, the ceremony will not go ahead.
Contact Translating and Interpreter Service (TIS) if you need help finding an interpreter.
Can I Personalise My Vows?
Yes! I highly encourage it, so long as it meets the minimum legal requirements for marriage in Australia. The Marriage Act 1961 requires that your vows include words to the effect of:
- "I call upon the persons here present to witness that I (Groom/Bride) take thee (Bride/Groom) to be my lawful wedded (wife/husband)."
What Proof of Marriage Will I Receive on My Wedding Day?
On your wedding day you will receive a Party Certificate. This certificate is commemorative and for your own records. The Party Certificate may not be accepted as proof of marriage for official purposes, such as updating your driver licence or passport to your marriage name.
If you need a certificate as official proof of your marriage, apply for a Standard Marriage Certificate. You can apply for your Standard Marriage Certificate anytime after your marriage has been registered. Turnaround times vary depending on how you apply.
If you need a certificate as official proof of your marriage, apply for a Standard Marriage Certificate. You can apply for your Standard Marriage Certificate anytime after your marriage has been registered. Turnaround times vary depending on how you apply.
What Do I Need to Do to Change My Surname After Marriage?
If you were married in Australia and want to update your driver licence or passport to your married name, you do not need to register a change of name. You will need to present your Standard Marriage Certificate as proof of marriage and your new surname.
If you were married overseas you may need to apply to register a change of name. Check first, as different organisations have different requirements.
If you were married overseas you may need to apply to register a change of name. Check first, as different organisations have different requirements.
Overseas Weddings FAQs
How Do I Get Married Overseas?
Contact the country's nearest embassy or consulate in Australia for information about that country's legal requirements for getting married. Here's the list of foreign embassies and consulates at the Department of Foreign Affairs and Trade.
Do I Need to Apply for Any Further Documents?
Depends on the country. Some require a document called a Single Status Certificate as evidence that a person is free to marry. Some require a Certificate of No Impediment to Marriage as issued by the Australian mission, embassy or consulate within that country.
If you have been previously married or widowed, you may also need to provide your Divorce Certificate or your spouse's Death Certificate as evidence that your previous marriage has ended.
If you have been previously married or widowed, you may also need to provide your Divorce Certificate or your spouse's Death Certificate as evidence that your previous marriage has ended.
Does Australia Recognise My Overseas Marriage?
Ensure your marriage is registered in that country and that you obtain documents as evidence of the event. This may include official or keepsake documents you receive at the time of the ceremony.
While a marriage that occurs overseas cannot be registered in Australia, an overseas marriage will generally be recognised as valid if:
While a marriage that occurs overseas cannot be registered in Australia, an overseas marriage will generally be recognised as valid if:
- The marriage is recognised as valid under the law of the country where the marriage took place
- The marriage is between a man and a woman
- Both bride and groom are at least 18 years of age, and
- Neither bride nor groom is married to any other person at the time of the marriage.
Other Questions
If you have any other questions, please feel free to Contact Me.
Jak Nguyen
Melbourne Marriage Celebrant
Jak Nguyen
Melbourne Marriage Celebrant