LEGAL REQUIREMENTS FOR MARRIAGE IN AUSTRALIA

 

a) Marriage in Australia is regulated by the Marriage Act 1961 and the Marriage Regulations 1963. All marriages in Australia must be conducted in accordance with this regulation. The Marriage Act now defines marriage as ‘the union of a two people to the exclusion of all others, voluntarily entered into for life’. In a marriage ceremony, the authorised celebrant is required to inform the parties to the marriage, of these regulations.

 

b) Before you can get married, the law requires that you sign and lodge with me, the ‘Notice of Intended Marriage’ (NOIM) at least one calendar month before the wedding date. This can be submitted in person, or by fax or email to meet the submission deadline, but
I must see you in person with all your ‘proof of identity’ papers before your wedding day.

 

c) As the marriage is a legal union, you must have two witnesses, who are both over 18 years and can speak and read English. They will need to sign your legal documents with you, counter signed by the Celebrant after your wedding, for your wedding to be legal. 

 

d) In Australia, you must be over 18 years in order to marry. There are some
exceptional circumstances. Ask me about those if it is relevant.

 

e) If you were born in Australia your birth certificate (in English) or
Australian passport will serve as a ‘proof of identity.’

 

f) If you were born outside Australia you can submit a birth certificate or passport from your country of birth. If these are not in English, then a translation to English will be necessary.

 

g) If either of you has been married before, you will also need to furnish a Decree Absolute to indicate the date of your divorce or a Death certificate if your previous partner is deceased. You will also need to add any children born to the previous marriage.

 

h) You must also both sign a ‘No Legal Impediment to Marriage’ document before your marriage ceremony. As this is a legal document it must be witnessed and signed by
your Celebrant, as close as possible to your wedding day. It is a good idea to sign this document during your wedding rehearsal, when all payments for the Celebrant can also
be attended to, along with any last minute changes to your planned day.

 

i) It is important with any Australian Marriage, that the whole service is completed
in English. If either person has English as a second language and is not fluent
in English, then the bridal couple must supply a translator to attend the
wedding and interpret the signing of documents.

 

 

LEGAL REQUIREMENTS FOR FUNERALS IN AUSTRALIA

 

a) There are no legal requirements for celebrants at funerals in Australia.

 

b) Funerals are usually organized by Funeral Directors. They will then help
you choose a Celebrant to conduct the service.