WHAT YOU NEED TO KNOW

Legal Requirements

I will prepare the legal documentation required prior to, during and after your wedding ceremony.

What you need to know

In compliance with the Marriage Act 1961:

All couples married in Australia must be at least eighteen years of age unless the following circumstance applies: one of the parties is at least eighteen years of age and the person under eighteen has written authorisation from the parents and an order from a judge or a magistrate.

The Notice of Intended Marriage form (NOIM) must be completed and lodged with your celebrant not less than one calendar month and not more than eighteen calendar months, prior to your wedding date. The form can be found here

Prior to the ceremony, the following requirements apply:

  • Each party must produce a valid Australian or overseas passport or original birth certificate and photo ID such as driver’s licence.
  • Note that non – English overseas documents require translation by an accredited NAATI operator before they can be accepted.
  • Where there has been a previous marriage, proof of termination is required before the party is permitted to remarry. If legal termination has not occurred any subsequent marriage would be void and legal penalties may be incurred.
  • This proof can be in the form of final Court issued divorce documents or a death certificate.
  • Need to sign a Declaration of No Legal Impediment to your Marriage.

The ceremony itself must as a minimum include the legal wording and actions to be followed by the celebrant and the couple.

Marriage Certificate Application Process:

It should be noted that the certificate issued by your celebrant on the day of marriage is ceremonial and is not sufficient to meet the identity requirements of most Government agencies (eg Queensland Transport, Passport Office) and financial institutions. To change your names on these documents you will need to obtain an official marriage certificate supplied by Births, Deaths and Marriages (BDM Qld). Costs and requirements with the application form can be obtained here

To simplify this process, you can provide the completed form to me for inclusion with the paperwork sent to register your marriage. As I am also a Commissioner of Declarations  I can witness the documents for you. There is a cost applied by the Government and you will need to supply your credit card details on the form for submission.