Legal Requirements for Marriage in Australia

Anyone who is eligible* to marry may do so in Australia.

* To be eligible to marry in Australia you must be over the age of 18, not already lawfully married or in a prohibited relationship (this mean you cannot be too closely related to each other). Same sex marriage is not legal in Australia.

Tourists often choose to marry in this wonderful country as we have the most liberal legal choices available as far as wording, venue and time. If you are applying to stay in Australia, see Legal Implications for Foreigners Marrying in Australia below.

A Notice of Intended Marriage must be lodged with your Celebrant a minimum of one month and one day prior to the date of your wedding. This is valid for eighteen months.

There are FOUR pages to the Notice of Intended Marriage, including details on how to complete it. It is important that you read and follow the instructions carefully. NB: please print pages 3 and 4 on both sides of ONE sheet of paper.

Documents required when lodging a Notice of Intended Marriage:

Original Birth Certificate. If you were born in Australia, this is the only document accepted. If you have lost your birth certificate, you can apply for a new one to be issued from the Registry of Births Deaths & Marriages in the State where you were born.

A foreign (NOT Australian) passport is acceptable if you were born overseas and your birth certificate is not available. You can still use your foreign passport if it has expired, but not if it was cancelled.

If you do not have an overseas passport and your birth certificate has been lost or destroyed and you cannot obtain a new one, you may fill in a Statutory Declaration. I can assist you with you.

Divorce or Death Certificate if a previous marriage ended in divorce or death.

NB: All documents in a foreign language must be translated into English by an approved translator. You can find a translator here

Age Requirements

Both a Court Order and parents’ consent are required when one party is under 18 years of age. Under no circumstances may two people under the age of 18 marry each other.

Witnesses

Two people over the age of 18 are required to witness your marriage and sign the Marriage Register and Certificates.

The Ceremony

While there are many optional components that you can choose to include in your wedding ceremony there are a few things that are not negotiable. Your celebrant must introduce him/herself and he or she must include the following:

The Monitum:

"I am duly authorised by law to solemnise marriages according to law. Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are about to enter. Marriage, according to law in Australia, is the union of a man and a woman to the exclusion of all others, voluntarily entered into for life."

These words cannot be altered.

Legal Vows:

Although you may lengthen the legal vows to include personal promises that you wish to make to each you must each say the following:

"I call upon the people here present to witness that I, AB (or CD), take you, CD (or AB), to be my lawful wedded wife/husband."

You may leave out lawful or wedded but not both; you must use one of these words.

Both the Monitum and the Legal Vows MUST be spoken at your ceremony otherwise your marriage will not be valid.

Legal Implications for Foreigners Marrying in Australia

Australian residents can bring a partner to Australia on a Fiancé or Prospective Spouse Visa.

You are required to lodge a Notice of Intended Marriage with an Authorised Marriage Celebrant within the minimum one month and one day of your nominated date of marriage. This date of your wedding can be changed if the visa is not granted in time.

The Celebrant will issue you with a letter addressed to the appropriate Australian Embassy handling the applicant’s case, confirming that s/he has received that Notice, the date and location of the wedding and that you have paid a non-refundable deposit. Your partner lodges this letter with their application at the embassy in the country from where they are applying.

IMPORTANT ADVICE ABOUT MIGRATION

Marriage and Immigration

Australia’s immigration laws offer visas to foreigners who are in relationships with Australians. However, the rules are very complex.

You must seek legal advice about your personal circumstances. Only an experienced immigration lawyer or agent is qualified to give you the correct advice about whether marriage will help your application or not.

Jane Gillespie
"The perfect celebrant for your perfect ceremony"


Home About Jane Wedding Ceremonies Commitment Ceremonies Renewal of Vows Naming Ceremonies Testimonials Legal Requirements Contact Jane FAQ Jane's Blog	Legal Requirements for Marriage in Australia Anyone who is eligible* to marry may do so in Australia. * To be eligible to marry in Australia you must be over the age of 18, not already lawfully married or in a prohibited relationship (this mean you cannot be too closely related to each other). Same sex marriage is not legal in Australia. Tourists often choose to marry in this wonderful country as we have the most liberal legal choices available as far as wording, venue and time. If you are applying to stay in Australia, see Legal Implications for Foreigners Marrying in Australia below. A Notice of Intended Marriage must be lodged with your Celebrant a minimum of one month and one day prior to the date of your wedding. This is valid for eighteen months. There are FOUR pages to the Notice of Intended Marriage, including details on how to complete it. It is important that you read and follow the instructions carefully. *NB: please print pages 3 and 4 on both sides of ONE sheet of paper.* Documents required when lodging a Notice of Intended Marriage: Original Birth Certificate. If you were born in Australia, this is the only document accepted. If you have lost your birth certificate, you can apply for a new one to be issued from the Registry of Births Deaths & Marriages in the State where you were born. A foreign (NOT Australian) passport is acceptable if you were born overseas and your birth certificate is not available. You can still use your foreign passport if it has expired, but not if it was cancelled. If you do not have an overseas passport and your birth certificate has been lost or destroyed and you cannot obtain a new one, you may fill in a Statutory Declaration. I can assist you with you. Divorce or Death Certificate if a previous marriage ended in divorce or death. NB: All documents in a foreign language must be translated into English by an approved translator. You can find a translator here Age Requirements Both a Court Order and parents’ consent are required when one party is under 18 years of age. Under no circumstances may two people under the age of 18 marry each other. Witnesses Two people over the age of 18 are required to witness your marriage and sign the Marriage Register and Certificates. The Ceremony While there are many optional components that you can choose to include in your wedding ceremony there are a few things that are not negotiable. Your celebrant must introduce him/herself and he or she must include the following: The Monitum: "I am duly authorised by law to solemnise marriages according to law. Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are about to enter. Marriage, according to law in Australia, is the union of a man and a woman to the exclusion of all others, voluntarily entered into for life." These words cannot be altered. Legal Vows: Although you may lengthen the legal vows to include personal promises that you wish to make to each you must each say the following: "I call upon the people here present to witness that I, AB (or CD), take you, CD (or AB), to be my lawful wedded wife/husband." You may leave out lawful or wedded but not both; you must use one of these words. Both the Monitum and the Legal Vows MUST be spoken at your ceremony otherwise your marriage will not be valid. Legal Implications for Foreigners Marrying in Australia Australian residents can bring a partner to Australia on a Fiancé or Prospective Spouse Visa. You are required to lodge a Notice of Intended Marriage with an Authorised Marriage Celebrant within the minimum one month and one day of your nominated date of marriage. This date of your wedding can be changed if the visa is not granted in time. The Celebrant will issue you with a letter addressed to the appropriate Australian Embassy handling the applicant’s case, confirming that s/he has received that Notice, the date and location of the wedding and that you have paid a non-refundable deposit. Your partner lodges this letter with their application at the embassy in the country from where they are applying. IMPORTANT ADVICE ABOUT MIGRATION Marriage and Immigration Australia’s immigration laws offer visas to foreigners who are in relationships with Australians. However, the rules are very complex. You must seek legal advice about your personal circumstances. Only an experienced immigration lawyer or agent is qualified to give you the correct advice about whether marriage will help your application or not. Jane Gillespie "The perfect celebrant for your perfect ceremony"
	cel'e·bra'tion n., a joyful occasion for special festivities to mark some happy event

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