What We Need to Do Legally…
You’re engaged, you’ve set a date, you’ve booked an awesome celebrant (thankyou!) and we are now well on our way to getting you two officially married!
And of course with anything legally binding there is a series of legal requirements we need to fulfil to make it official.
Here is the rundown. It is a lot of info to take in but I will be there 100% of the way and guide you through it to make sure we do it all by the book and we have all of our ducks lined up before, during and after your wedding!
Who Can Get Married?
Marriage Equality in Australia
The right to marry in Australia is no longer determined by sex or gender.
To get married in Australia, you must:
not be married
not be marrying a parent, grandparent, child, grandchild, brother or sister
be at least 18 years old, unless a court has approved a marriage where 1 person is 16-18 years old
understand what marriage means and freely agree to marry
use specific words during the ceremony
give a notice of intended marriage form to an authorised marriage celebrant at least 1 month and no more than 18 months before your wedding
be married by an authorised marriage celebrant
You don’t have to be:
an Australian citizen
a permanent resident of Australia
If you are not an Australian citizen or permanent resident of Australia and you want to live in Australia after your marriage, you should find out about getting a visa- external site.
Before you get married
Happily Ever Before and After
I am legally required to supply you with the Happily Ever Before and After Document - please view it here
Before you get married, you need to:
complete a notice of intended marriage form
give it to an authorised marriage celebrant at least 1 month (but not more than 18 months) before your wedding
Ask your authorised marriage celebrant if you need help with the form.
You can complete it if you are overseas and plan to get married in Australia.
If there is less than 1 month until your wedding, talk to your authorised marriage celebrant. You may be able to get married if a prescribed authority- external site approves it. Reasons for getting married in less than one month include:
employment-related or travel commitments
wedding or celebration arrangements
medical reasons
legal proceedings
error in giving notice
Your authorised marriage celebrant will also need:
evidence of your date and place of birth (birth certificate or passport)
identity (driver’s licence or passport)
proof that a previous marriage has ended
After you get married
On your wedding day, three marriage certificates must be signed by:
you and your spouse
your authorised marriage celebrant
two witnesses, who must be over 18 years old
Your authorised marriage celebrant will give you a certificate of marriage on the day. This is a ceremonial certificate of your marriage.
Your celebrant must then (within 14 days of the marriage) submit your marriage paperwork to the registry of births, deaths and marriages- external site in the state or territory you got married in.
You should apply for a copy of your official marriage certificate from the registry- external site. Your celebrant can do this on your behalf, generally at a cost. You will need this if you want to change your name or prove that you are married.
How to find this information
This information is from the Australia Government Attorney general’s website - you can find the original information here
The Marriage Act 1961- external site and Marriage Regulations 2017- external site set the rules for getting married in Australia.
How to make a complaint
The Australian Government requires celebrants to provide information to couples on how to make a complaint. To make a complaint against your marriage celebrant please visit here
