Legal Requirements
Under the Marriage Act 1961 there are certain obligations that you, as a couple intending to get married, must meet prior to a marriage ceremony being solemnised.
It’s essential for couples to be aware of these obligations to ensure a smooth and legally recognised marriage ceremony.
Notice of Intended Marriage (NOIM)
Couples must lodge a completed NOIM with their chosen Marriage Celebrant no less than one calendar month and no more than eighteen months prior to the marriage being solemnised. This form is typically completed during the initial meeting with the celebrant.
Documentation
Both parties must provide evidence of date and place of birth. This can be done by producing a birth certificate, an extract of a birth certificate, or an Australian or Overseas passport. In cases where original documents are not available, such as for those born overseas, a statutory declaration may be accepted in certain extreme circumstances.
Previous Marriages
If either party has been previously married, an original copy of the Divorce Certificate or, if applicable, a Court Annulment Certificate must be produced. In the case of widowhood, an original copy of the Death Certificate of the deceased spouse must be provided. These documents are necessary before the marriage can take place.
Declaration
Prior to the wedding, both parties will be required to sign a declaration under the Marriage Act 1961. This declaration states that the couple believes there is no legal impediment to their marriage. It is important to be honest and provide accurate information on this legal document.Remember, these obligations and requirements are important to ensure the legality and validity of your marriage.
It’s crucial to allow yourself adequate time to gather the necessary documents and fulfill the legal obligations. Your chosen Marriage Celebrant can guide you through this process and provide further information specific to your circumstances.
Separate Meetings
From 12 June 2024 all authorised marriage celebrants are required under the Marriage Act 1961 (the Marriage Act) to meet with each party to the marriage separately and in person before they solemnise the marriage. This applies to all legal marriages and all authorised celebrants, including Commonwealth-registered marriage celebrants, ministers of religion of a recognised denomination and State and Territory officials authorised to solemnise marriage.
Remote Witnessing Arrangements
From 12 June 2024 the Notice of Intended Marriage may be witnessed remotely: The Marriage Act has been amended to permanently provide couples with the option to have their Notice of Intended Marriage (NOIM) witnessed remotely, via video link or audio-visual link, as well as in person. The requirements for authorised witnesses will remain unchanged and location-dependent. If the couple is in Australia then the person remotely witnessing the NOIM (which can include an authorised celebrant) must also be in Australia. If the couple is outside Australia, the authorised witness (which cannot be a celebrant) must also be outside Australia. To be clear, you cannot witness online a NOIM for a person or couple outside Australia. Authorised witnesses are listed in the “Signatures of parties and witnesses” section of the Notice of Intended Marriage.
Visit the Attorney General’s Department website for comprehensive information on the rules and requirements for getting married in Australia. You can find all the details you need on their official website.
