Legal Requirements for a Marriage in AustraliaNot all celebrants are qualified to perform marriages in Australia

The regulations governing the marriage of men and women in Australia are found in the Australian Marriage Act of 1961. Under this Act there are certain obligations that a couple intending to get married must meet prior to a marriage ceremony being conducted.

There are several legal requirements governing marriage celebrants in Australia. I would be happy to talk through these with you.A completed Notice of Intended Marriage must be given to your chosen Authorized Marriage Celebrant no less than one month and no more than 18 months prior to the marriage being solemnized.  

Your Celebrant will give you the Notice of Intended Marriage form for you to complete or you can download it from here.  The following documentation is to be made available to the Celebrant when you submit your Notice, or certainly before the marriage can take place.  When only one of you is available to sign the Notice there is no problem submitting it providing it is signed within the statutory period.  The other person can sign it at a later date before the marriage is solemnized.

Along with the Notice you are to provide original copies of birth certificates, or authorised extracts of such certificates.  If you were born in Australia the Marriage Act insists that there is no reason why you can't produce your birth certificates. 

In the case of persons born outside Australia Marriage Celebrants can accept a foreign passport, or Australian Citizenship Papers if applicable, as proof of identity.

In the case of persons previously married a copy of their Decree Absolute ending the earlier marriage must be produced, while in the case of widowhood, a copy of the Death Certificate must be produced.

Prior to your wedding, both of you will be required to sign a declaration, under the Marriage Act 1961, stating that you believe there is no legal impediment to the marriage between yourself and your partner by reason of:

(a) of you being lawfully married to some other person;

(b) your being within a prohibited relationship;

(c) either of you not being of marriageable age;

(d) any other circumstance.

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