LEGAL REQUIREMENTS

All weddings are full of planning and organising, and there is some red tape involved as well. Couples need to consider the legal implications of marrying in Australia and are bound by the Australian Marriage Act 1961.

The following is by no means the only requirements of the Act, but is a list of conditions that I ask of all couples as a generalisation to ensure that they fall within the main legal boundaries:

  • Both parties are over 18
  • If one of the parties is under 18 but over 16 years of age, a court order will be required
  • (Only one of the party may be under 18 - even if a court order is granted)
  • Neither party is currently married
  • If previously married, ORIGINAL divorce certificate / death certificate will need to be produced
  • The couple is not related as ascendants or descendants
  • Each of the party needs to provide photo identification and ORIGINAL birth certificates (if born in Australia)
  • For overseas born - ORIGINAL birth certificate or overseas passport
  • A Notice of Intended Marriage needs to be lodged no later than 1 month before and no earlier than 18 months before the wedding date
  • If one of the parties is being sponsored for a Fiancee Visa, the same identification requirements apply. (I will be happy to write a letter of Intention of Marriage to the appropriate embassy to assist with any Fiancee Visa applications.)
  • Prior to the wedding, both parties need to sign a Statutory Declaration declaring their elligiblity and freedom to marry
  • During the ceremony, the mandatory vows according to the Australian Marriage Act must be declared by both the bride and groom for all people present to hear
  • The couple will need two witnesses to the ceremony - both of whom need to be over 18 years of age and are fluent in English
  • After the ceremony, I will lodge all relevant papers to the NSW Registry of Births Deaths and Marriages for recording

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