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Legal Information

Australian Law we must follow

Witnesses

Two people over the age of 18 are required to witness your marriage and sign the Marriage Register and Certificates.

 

Marriage Equality

On 9 December 2017, the Marriage Amendment (Definition and Religious Freedoms) Act 2017 commenced. The Act changes the definition of marriage and provides for marriage equality in Australia. The right to marry in Australia is no longer determined by sex or gender.

The Ceremony

While there are many optional components that you can choose to include in your wedding ceremony, there are a few things that are not negotiable. Your celebrant must introduce him/herself and state that they are authorised to solemnise marriage in Australia. They must also say the following:

“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 into which you are about to enter. Marriage, according to law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into for life.”

 

The Attorney-General advises that the safest action for a Marriage Celebrant is to always use the words as they appear in the Marriage Act.

Legal Vows

Although you may lengthen the legal vows to include examples provided or personal vows that you wish to make to each, you must each say the following words:

“I call upon the people here present to witness that I, AB/CD, take you, CD/AB, to be my lawful wedded wife/husband.”

You may leave out lawful or wedded but not both; you must use one of these words. Both the monitum and the legal vows MUST be spoken at your ceremony otherwise your marriage may not be valid.

Age Requirements

Both a Court Order and parents’ consent are required when either the Bride or the Groom is under 18 years of age. Under no circumstances may two people under the age of 18 marry each other.

Documents

Getting married in Australia there are a range of documents that every couple needs to sign, to ensure that their marriage is legal.

Notice of Intended Marriage (NOIM)

The NOIM must be lodged with your celebrant no less that one month before the date of your wedding. It is valid for 18 months.

All couples must provide either their birth certificate or passport to be witnessed by the celebrant, if using a birth certificate additional photo ID must also be provided. (I ask for 2 points of ID)

Divorce of death certificate must also be provided and witness by the celebrant if you are divorced or widowed.

Declaration of No Legal Impediment

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.

 

Wedding Day

On the day of your wedding, you will sign three marriage certificates. Each certificate should be signed by you, your celebrant and two witnesses. Your celebrant will give you one of the certificates as a record of your marriage.

Your celebrant must register your marriage with the registry of Births, Deaths and Marriages in the state or territory it took place within fourteen days.

The certificate issued by the registry of births, deaths and marriages is required for many official purposes. I can apply for this on your behalf for a fee of $65 or you can apply for a copy of this certificate from the registry after your wedding through the relevant Births, Deaths and Marriages.

Department Information

There is a wealth of legal information available online, these two links are of particular interest

Here are the links to the forms that will also need to be completed, you do not need to download and print these as I use a program where these can be entered online and then I can print them prior to our meeting, this is to just give you an idea of what is required from you.

It is a requirement that your Celebrant gives you the brochure titled 'Happily Ever....Before and After' prior to your wedding, you can view that on the link below.

Once you have had your wedding your celebrant has 14 days in which to send through all your documents to Births, Deaths and Marriages to register your marriage.  Once this has been done you can apply for your marriage certificate, more information can be found in the below button

I'm sure you have many more questions so I encourage you to have a look at the other information that I have created or contact me

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