What do you need to get married?

Getting married in Australia is simple when you have an Authorised Celebrant by your side. At Ultimate Celebrancy, our mission is to guide you seamlessly through the process, crafting a stress-free experience that transforms your special day into a cherished memory. From collaborating on your vows to designing a meaningful ceremony, Ben's expertise and personalized advice will ensure your wedding day is truly unforgettable.

Marriage in Australia

Marriage is legal in Australia, including for same-sex couples, under the federal Marriage Act 1961. To marry legally, both individuals must be at least 18 years old (or 16-17 with a court order and parental consent), not be married to someone else, be able to freely consent, not be closely related, and provide a Notice of Intended Marriage at least one month before the ceremony to an authorised celebrant. 

https://www.ag.gov.au/families-and-marriage/marriage/get-married

 

How is ‘marriage’ defined in Australia?

 

 

The Marriage Act 1961 defines marriage as “the union of two people, to the exclusion of all others, voluntarily entered into for life.” This updated definition became law on 9 December 2017. Since then, state and territory governments across Australia have adjusted their laws and regulations to align with this change. Previously, some state-based laws and regulations created additional challenges for members of the LGBTIQ+ community seeking to exercise their right to marry. These barriers have now been removed, ensuring equal access to marriage for all.

 

 

What are the steps I need to take to get legally married in Australia?

 

The first thing you need to do is fill out a Notice of Intended Marriage (NOIM). Download the NOIM form from the Attorney General’s website.

There are notes on the NOIM to help you fill it out. You should read those notes, as you complete the NOIM. Ultimate Celebrancy is more than willing to assist you in filling these forms.

 

 

What are the minimum legal requirements to get married in Australia?

To get married in Australia, you must meet the following requirements:

  1. Not already be married to someone else.
  2. You cannot marry a parent, grandparent, child, grandchild, sibling, or half-sibling (including adoptive relations).
  3. Be at least 18 years old, unless a court has approved the marriage of one party who is between 16 and 18 years old. Both parties cannot be under 18 in any circumstance.
  4. Have a clear understanding of what marriage entails.
  5. Freely and willingly consent to the marriage.
  6. Use specific legally required words during the marriage ceremony.
  7. Provide your celebrant with written notice of your intention to marry within the required timeframe (further details on this are explained in the next section).

At Ultimate Celebrancy, we can walk you through each of these requirements in detail to ensure everything is clear and stress-free.

What evidence of my identity do I need to provide?

Before proceeding with your marriage, you must provide evidence to your authorised marriage celebrant to confirm your identity and background.

The marriage celebrant will require the following documents:

1. Proof of your place and date of birth as well as proof of identity. A passport is the easiest way to provide this information. It can be an Australian passport or one issued by another country. An expired passport (within the last five years) is acceptable, but a cancelled passport is not. If you do not have a passport, you may present a combination of your driver’s licence and birth certificate to satisfy this requirement.

2. Proof of the end of any previous marriages. This could be evidence of divorce or the death of a former spouse if either of you has been married before. If you’ve been married more than once, you only need to provide documentation related to the most recent marriage.

The Declaration of No Legal Impediment to Marriage

You must sign the Declaration of No Legal Impediment to Marriage (DONLIM) as close to your wedding day as possible. This legal document confirms that both of you meet the requirements to marry, including being of marriageable age, not being in a prohibited relationship, not being married to someone else, and being unaware of any legal barriers to your union. Typically, celebrants will ask you to sign the DONLIM during a wedding rehearsal in the week leading up to your wedding. Alternatively, some celebrants may have you sign it immediately before the ceremony on your wedding day. Keep in mind, it is illegal to sign the DONLIM after your marriage ceremony has taken place.

The Official Certificate of Marriage (x2) and Certificate of Marriage

On your wedding day, you’ll need two witnesses who are over the age of 18 and understand English. They don’t need to provide proof of their age or identity to the celebrant. If you’re traveling to Australia and don’t have anyone to act as your witnesses, ask your celebrant if they can arrange two witnesses for you. Please note, they may charge a small fee for this service.

Immediately following your marriage ceremony, you, your two witnesses, and the celebrant will sign three marriage certificates. Two of these are the Official Certificates of Marriage, and the third is a Presentation Certificate (also referred to as the Certificate of Marriage). Once all three certificates are signed, the celebrant will give you the Presentation Certificate as a keepsake to commemorate your marriage.

Within 14 days of your wedding, the celebrant is required to submit your marriage paperwork—including the Notice of Intended Marriage (NOIM), the Declaration, and one of the Official Certificates of Marriage—to the Registry of Births, Deaths, and Marriages in the state or territory where the ceremony took place. This ensures your marriage is officially registered. (The celebrant will retain one copy of the Official Certificate of Marriage in a secure location for six years.)

Once your marriage is registered, you can apply for an official, legally recognised copy of your Official Certificate of Marriage through the Registry of Births, Deaths, and Marriages in the state or territory where you were married. Alternatively, your celebrant may offer to order it on your behalf and have it sent to an address of your choice; this may involve an additional fee. Your celebrant will typically notify you when your marriage has been registered, but you can also reach out to them to confirm.