What are the Legal Requirements for an Australian Marriage?

Legal Requirements

  • First Step

    The first legal step is to fill out a “Notice of Intent to Marry”. This document must be filled out and signed at least 30 days before the marriage date.

    Once you have chosen a celebrant, they will assist you in filling this out and will witness your signatures on the document.

    This document once signed is valid for 18 months.

    You can download a copy of the Notice of Intent to Marry here: CLICK

  • My Legal Documents

    There are some legal documents that you will need to provide to prove your identity. The most common are.

    1: Your Passport (it doesnt matter if it has expired)

    2: OR your original birth certificate and drivers license.

    3: If you have been married previously you will need to provide a divorce certificate if you are divorced or death certificate if you are widowed.

  • The Other Legal Documents

    There are four more legal documents that need to be completed.

    • The Declaration of No Impediment to Marry. Must be completed and signed as close as possible to the marriage date and before the marriage. This is to certify that there is no legal reason why you CANT get married. E.G: you are over the age of 18 etc..

    • Three marriage certificates that are signed during the ceremony.

  • Basic Legal Requirements of Marriage Ceremony

    These are the legal requirements of an Australian wedding. These are non negotiable and required by law according to the Marriage Act 1961. 

    *Your wedding must be conducted by a Commonwealth Registered Celebrant 

    *You must have two witnesses who are over the age of 18. 

    *At some point in the wedding ceremony we have to use your full name. The name that is documented on your birth certificate or passport. 

    *Your full legal name needs to be used on all the legal documents. 

    *I need to quote the monitum before the vows. This states the nature of Marriage in Australia and establishes my authority to officiate your wedding. The following is from section 46(1). 


    ▪ "I am duly authorised by law, to solemnise marriage according to the law. Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship you are now about to enter. Marriage, according to the law in Australia, is the union of TWO PEOPLE to the exclusion of all others, voluntarily entered into for life”. 

    ▪ The Marriage Act 1961 also states that each person must say to the other, in the presence of the marriage celebrant and the witnesses, these words - Section 45 (2) : 

    ▪ "I call upon the persons here present to witness that I................. take
thee .............. to be my lawful wedded wife (or husband)". - or words to that effect. 

    Both parties and witnesses sign the marriage documents.