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Legal Requirements

There are several documents that you need to complete for your marriage to be legal. I will supply, prepare, guide and lodge these for you.

Before your Marriage Ceremony

Before your Marriage Ceremony, you need to complete a Notice of Intended Marriage (NOIM). This NOIM Form is in accordance with the Australian Marriage Act 1961, and must be lodged with me at least one calendar month prior to the date of your wedding. It is valid for up to 18 months and should be filled no sooner than 12 months before the wedding ceremony.

If either the bride or groom cannot sign the NOIM at the time, the other party may sign the form and give it to me. At least one of the parties to be married must sign the NOIM one calendar month prior to the ceremony. The party who has not signed the NOIM must then sign it, in my presence, before the marriage can be solemnised.

For identification and proof of age the bride and groom will each need to provide the following original papers (not copies or scans)

If born in Australia

  • An original Birth Certificate; or
  • An original Extract of Birth; or
  • A Certified Copy of either of the above; or
  • An Australian Passport.

If born Overseas

  • An original Birth Certificate; or
  • An original Extract of Birth; or
  • A certified copy of either of the above; or
  • An Overseas or Australian Passport.

People who have been previously married must also supply

  • An original Divorce Certificate or a Decree Absolute if divorced
  • An original Death Certificate of previous deceased spouse
  • An original Certificate of Annulment if last marriage was annulled

If the person has legally changed their name

  • Proof of Name Change: An original Deed Poll or Name Change Certificate

If you do not have an original Birth Certificate contact the Registrar for Births, Deaths and Marriages in the state you were born in. This can take several weeks to obtain so I always advise my clients to do this well in advance.

If the documentation is in a language other than English

If any of your documentation is in a language other than English, you must ensure that the documents are officially translated and authorised by a person who is a legally recognised translator as accredited through National Accreditation Authority of Translators and Interpreters (NAATI). A translator can be found in the Yellow Pages or by contacting the Australian or English Embassy in the country you reside.

To marry, you must be 18 years and over, not in a prohibited relationship and not already legally married.
If one person to the marriage is under 18 years of age a parent’s consent and a Court Order under Section 12 of the Marriage Act is required.

The Declaration of Marriage 

This form must be signed preferably in the last week before the ceremony, and is where the bride and the groom each make a declaration before me as to their conjugal status and belief that there is no legal impediment to marriage.

Shortening of Time

There may be reasons why you require a Shortening of Time (less than one month) to be permitted to marry. There are only certain considerations for this such as employment related or other travel commitments, wedding or celebration arrangements or religious considerations, medical reasons, legal proceedings or error in giving notice only on the part of the celebrant. To apply for a Shortening of Time, you need to contact the Registrar of Births, Deaths and Marriages for more information.

During the Marriage Ceremony

Your ceremony is a personal choice that reflects your dreams for your special day. However it important to know that there are certain legal requirements that must be observed during your ceremony to ensure its validity. These are:

  1. I must always introduce myself and that I am authorised to solemnise marriages in Australia.
  2. Your full names (as per the name used on the Notice of Intended Marriage) must be said by me, or you, at least once. This can happen at the beginning of the ceremony or at any time prior to, or included in, the vows – this is to ensure that you are identified.
  3. Section 46 (1) (The Monitum) must be said by me.
  4. Section 45 (2) (The Vows) must be said by each of you. You must say the words, “I call upon the persons here present to witness that I (state your full name)”, at some stage during the ceremony.
  5. You must have two witnesses 18 years or over in attendance at the wedding ceremony. They must be able to see and hear everything that is said throughout the ceremony and they must witness the documents.

One the day of your wedding and following the Vows, there are three documents that must be signed by the bride and groom, the two witnesses and the Marriage Celebrant

1. Celebrant Copy
This is the copy kept by the Marriage Celebrant as proof of the solemnisation. The names printed on the form must be exactly the same as on the bride and groom's birth certificates or passports.

2. Registry Copy

This is the copy sent to the Registry of Births, Deaths and Marriages. The names printed on the form must be exactly the same as on the bride and groom's birth certificates or passports.

3. Marriage Certificate
This is the pretty presentation Certificate that is kept by the wedding couple as a reminder of their commitment. It is a common misconception that this Certificate can be used as proof of ID after marriage. For couples (brides) wanting to use their new married name for legal purposes, an official Marriage Certificate must be applied for separately from the Office of Births Deaths and Marriages (see below).

Applying for an Official Marriage Certificate

Once a marriage has been solemnised and the paperwork has been forward to the Registry of Birth, Deaths and Marriages, a couple can pay a fee and apply for an Official Marriage Certificate.
This Certificate is a printed version of the hand-written certificate (submitted by the celebrant), and enables the female to adopt a pseudo name change. The Official Marriage Certificate can be used when applying for a passport, social securities, insurance plus more.

After the Wedding Ceremony

I will lodge all of the required legal documentation with the Registering Authority; the Registrar of Births, Deaths and Marriages (BDM) in Perth within 14 days of your wedding. There is an estimated waiting period for completed registration of approximately 6 to 8 weeks once the BDM have received the paperwork.

The certificate issued by the Registrar of Births, Deaths and Marriages is required for many official purposes. You should apply for a copy of this certificate from the registry after your wedding.