Legal Requirements for Marriage in Australia
You have both met the one person you would like to spend the rest of your life with. So where do you start to arrange your wedding ceremony? Once you have decided on your day you need to meet the following legal requirements to be married under Australian Law.
- You must be 18 years or over to marry.*
- Neither party can be currently married to anyone else.
- If you were born in Australia, you must produce your Birth Certificate. If you have misplaced this or do not have access to it, you can apply for a copy through the Office of Consumer and Business Affairs – Births, Deaths and Marriage section.
- If you were born outside of Australia, your Birth Certificate is still an option, however, a current passport from the Country of your birth is also acceptable under these circumstances.
- If either party has been previously married, then proof of dissolution of that marriage is required. Evidence of that party’s divorce or the death of that party’s spouse must be sighted by the Celebrant prior to the ceremony.
- A Notice of Intended Marriage can then be signed and lodged with the celebrant.
- This form must be lodged a minimum of one month prior to the wedding but no earlier than 18 months before the wedding. **
- You must be able to provide 2 witnesses over the age of 18 on your wedding day.
*A person under 18 years of age is not of marriageable age and cannot be party to a marriage unless he/she obtains an order from the Court under Section 12 of the Marriage Act. Under NO circumstances, can 2 persons under 18 marry each other.
** In some circumstances, an application for shortening of time may be lodged with a judge but is not guaranteed to be accepted. Speak to your celebrant for more information if this is the case.
NAATI – https://www.naati.com.au