Legal Obligations

Under the Marriage Act 1961 there are certain obligations that you, as a couple intending to get married, must meet prior to a marriage ceremony being solemnised.

A Notice of Intended Marriage (NOIM) must be lodged with your chosen Marriage Celebrant no less than one month prior and no more than eighteen months prior to the marriage being solemnised.

 Notice of Intended Marriage form will be completed at our first meeting and the identification documentation must be produced at that time by at least one of the party to the marriage, if only one of the party sign the second part6 must sign the NOIM and show proof of identification documentation before the marriage can be solemnised.

Couples are required to give a minimum one month notice by signing and lodging the NOIM. There are some exceptions; for instance if a partner is overseas or interstate and only one can sign a month before the wedding day that is acceptable. However, if these circumstances do not exist then both parties are required to sign one month before.

Parties to a marriage must produce evidence of date and place of birth and this can be done by producing a birth certificate, or an extract of a birth certificate, or an Australian or Overseas passport. Persons born overseas, who cannot produce such original documents under some circumstances can make a statutory declaration as to details of date and place of birth.

IMPORTANT: A statutory declaration can only be used in extreme cases, i.e. circumstances where social upheaval due to political situations such as civil war, or in instances of natural disaster have led to the destruction and/or unavailability of civil records. The declaration must show cause why you can’t obtain the documents.

In the case of persons previously married, an original copy of your Divorce Certificate or, if applicable a Court Annulment Certificate; the case of widowhood, an original copy of the Death Certificate must be produced. These documents MUST be produced before the marriage can take place. It is essential that you allow yourself adequate time to acquire them if you have misplaced them.

Prior to your wedding, both parties 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. This is a legal document and calls for honesty at all times. Penalties may apply for false or misleading information.

The Ceremony

Marriage is an exciting time for all involved and it is always to be remembered for the right reasons. It is important that the ceremony composed is one that you both want and reflective of your personalities. With this in mind you are encouraged to work very closely with your Marriage Celebrant putting together a ceremony that will always be remembered. Ceremonies can be formal or relaxed and informal, but always sincere.

A Civil Marriage Celebrant has certain obligations under the Marriage Act 1961 and these will be explained to you at your first meeting. Other than that the content of the marriage ceremony is totally your choice.

You will be supplied with sample ceremonies and verses that can be used, however you are not obliged to use any of them. Additionally, you could mix and match parts of ceremonies to arrive at the most suitable ceremony for your particular requirements. It may well be that you are able to compose your complete ceremony and this is acceptable providing it complies with the obligations of the Marriage Celebrant under the Marriage Act.

Family and friends can also be involved. Perhaps you have certain readings or verses that you would like them to present for you. Many couples arrange for music to be played at the ceremony: this could be taped, maybe be a string trio of musicians or even a harpist or piper. Whatever it takes to complete your special day, can be easily incorporated.

At the completion of the ceremony you will be required to sign the Marriage Register and Marriage Certificates, together with two witnesses over the age of eighteen and the Marriage Celebrant. You will be presented with your Marriage Certificate and a complimentary copy of your marriage ceremony.

Overseas Visitors

Visitors from overseas wishing to marry in Australia:

People from all over the world come to our beautiful country to get married and the process is very simple.

The legal obligations as set out in this website under “Your Legal Obligations” apply to both Australian residents, as well as overseas residents.

However, here are some useful tips if you are an overseas resident planning to marry in Australia.

 I am authorised and experienced in being able to advise you of the process.

You will be taken through each step and shown how straightforward it really is to be married in Australia.

Firstly, download a Notice of Intended Marriage (NOIM) at www.ag.gov.au (or your celebrant will email this form straight to you on request).Once you have completed all the required details you will need to have your signatures witnessed by an authorised person, those persons are listed on the Notice just below where you sign ( page 4 of the NOIM)

IMPORTANT: It must be one of those persons otherwise the Notice will not be valid and your celebrant will not be able to accept it and lodge it for you.Best practice is to go to either an Australian Embassy in your country, or if this is not convenient, find a Notary Public.

A Notary Public is a lawyer often found in a Solicitor’s office; however please remember that that not all lawyers are Notaries. Notaries are available worldwide.Your celebrant will require you to email the Notice of Intended Marriage form to them immediately, and will request that soon after, you post the original Notice to them via registered airmail.

Requiring a Fiancé Visa?

Australian Marriage Celebrants are not permitted to offer prospective brides or grooms advice on Immigration matters. However, the process of a Fiancé Visa (Prospective Spouse Visa) does require you to lodge a Notice of Intended Marriage (NoIM) with your chosen celebrant. Your celebrant will then provide you with a letter, addressed to the Embassy where you plan to lodge your application, confirming that they have received a Notice from you for a marriage to take place on a particular date, in Australia.

You will have to nominate a date for the actual marriage, even though, very often, this date may have to change. The original Notice must remain with your celebrant at all times, however your celebrant will provide a copy to you if required.

(Information curtesy of Australian Marriage Celebrants)

Shortening Of Time

Sometimes LOVE can’t wait, a shortening of time is not taken lightly as there are only 5 reasons a shortening of time might be approved.

The only 5 Reasons

♥  employment related or other travel commitments (evidence of the date on which the applicant was informed about this commitment as opposed to the date on which the commitment will commence will need to be provided);

♥  Wedding or celebration arrangements, or religious considerations.

 (receipts for payments or evidence of the date wedding invitations were sent will need to be produced); 

♥  Medical reasons (a letter from a specialised medical practitioner will be required); you will also need to write a letter from both parties to ask for the shortening of time and explain in detail why you wish to bypass the 30 day waiting period. 

♥  Legal proceedings deemed worthy of a shortening of time.

♥  Error in giving notice (on the part of the authorised celebrant, not the couple.) If your celebrant has made a mistake with the date of your wedding and it is closer than originally thought when signing the NOIM you may ask for a shortening of time if the mistake was because of the celebrant.

If you feel that your circumstances meet one of the above  categories, please feel free to contact me for further information regarding my availability on your chosen date.