Helpful Information about Legal Documentation for getting married in Australia

Information provided by Lisa Todd / Authorised Marriage Celebrant / A – Z Celebrations

Your Authorised Marriage Celebrant will guide you through the process to be legally married in Australia and help you understand the legal document requirements.

There are five legal documents to be completed for your marriage to be legally recognised under Commonwealth Law in Australia. Your Authorised Marriage Celebrant will provide all of these documents, and lodge your marriage paperwork with Births, Deaths and Marriages (BDM) Tasmania after your wedding day.

Legal documentation includes:

A Notice of Intended Marriage (NOIM)

This must be given to your Celebrant at least one month and not earlier than 18 months prior to your actual wedding date. This form is usually provided by your Celebrant and completed in person or electronically with them. The NOIM must be witnessed by an Authorised Marriage Celebrant or a nominated person as listed on the NOIM.

In order to complete this document, you will need to provide original documentation to verify:

  • Evidence of the date and place of birth of each party and photo identification (e.g. passport or original birth certificate and driver’s licence)
  • If a party has previously been legally married, you must provide confirmation of how that marriage ended (e.g. Divorce Order or Death Certificate)

There are additional legal requirements if either of the parties are under the age of eighteen years. Please seek further advice from your Authorised Marriage Celebrant if this is relevant.

Declaration of No Legal Impediment to Marriage

Prior to the actual wedding ceremony, you will also need to complete this document which confirms there is no legal reason as to why you cannot marry your loved one.
You must both sign this legal document and it must be witnessed by your Celebrant before your marriage ceremony can take place. Your Celebrant will prepare this document for you.

Certificates of Marriage

On the day of your wedding, after your ceremony you will sign three (3) Certificates of Marriage including:

  • 2 x Official Certificates of Marriage and
  • 1 x Certificate of Marriage (this is the certificate you receive on the day you marry. It is also important to remember this certificate cannot be replaced under any circumstances so keep it safe!)

Your Celebrant will have printed copies of these certificates on your wedding day ready for you and your witnesses to sign.
You are legally required to have two witnesses at your wedding ceremony to witness and sign the marriage certificates. They must be 18 years of age or older, be present for the entire ceremony and speak and understand English.

All information about getting married in Australia is found on the Attorney-General’s Department website: https://www.ag.gov.au/FamiliesAndMarriage/Marriage/Pages/default.aspx

AFTER THE CEREMONY

Your Authorised Marriage Celebrant will provide all relevant signed documentation to the Registry of Births, Deaths and Marriages (BDM) in the State/Territory you married.

On receipt of the required paperwork and providing all information is correct your marriage will be registered by BDM. Once a marriage is registered, you are then able to order the standard marriage certificate from BDM. You will need to provide the required proof of ID documents either by mail or in person.

The standard certificate of marriage will show your names as they were completed by you on your Notice of Intended Marriage (NOIM) form. This standard certificate of marriage can then be presented as proof to change your name. In Australia, it is not compulsory for either person marrying to change their name.

Information on applying for your Marriage Certificate can be found on the Births, Deaths and Marriages website: https://www.justice.tas.gov.au/bdm/getting-married

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