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.

Here’s a summary of the key points:

  • 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.

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: