1. Complete a Notice of Intended Marriage
A Notice of Intended Marriage needs to be completed by you and your partner, signed and witnessed by an authorized person, for example, your chosen celebrant, a justice of the peace, a solicitor or barrister, and lodged with your authorized marriage celebrant within a specified timeframe. That timeframe is at least one month prior to your wedding date and not earlier than 18 months prior to your wedding date.
2. Provide evidence of your birth and identity
In addition to the signed and witnessed Notice of Intended Marriage, your celebrant will require you to produce:
- Evidence of your date and place of birth and identity.
For example, this could be your Australian passport (or a government of an overseas country) which sets out your name, date of birth, and also provides a photograph for identification purposes.
OR it could be your birth certificate AND your driver’s licence which together provides the same information.
- Evidence of termination of any previous marriage. For example, the original Divorce Order or Certificate of Death.
3. Know the legal requirements for being married in Australia
To be legally married in Australia, you must:
- Not be married to someone else
- Not be marrying a parent, grandparent, child, grandchild or sibling
- Be at least 18 years old, unless you have approval to marry from a court where one person is aged between 16 and 18 years old
- Understand what marriage means and freely consent to marrying
- Use specific words during the ceremony (legal vows and monitum)
- Give written notice of your intention to marry to your authorized celebrant, within the required timeframe (refer to point 1 above).
4. Sign the legal documentation
Prior to the wedding ceremony, your celebrant will prepare three marriage certificates to be signed by both of you and witnessed on your wedding day:
- The official certificate of marriage which will be lodged with the Registry of Births, Deaths & Marriages in the State where your marriage takes place,
- The second official marriage certificate which is kept by your celebrant as a record of your marriage,
- The decorative marriage certificate which is handed to you on the day as evidence that you have been married.
In addition, prior to the wedding ceremony, your celebrant will arrange for you to sign a Declaration as to No Legal Impediment to Marriage confirming legal requirements (refer to point 3 above).
5 Arrange for two witnesses to be at your ceremony
You will need to arrange for two witnesses to be present at the ceremony who are over the age of 18. The witnesses will sign the marriage certificates and will record their names in full, including middle names.