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Legal Requirements

It is my duty to organise all of the following legal requirements for getting married in Australia.


Notice of Intended Marriage Form

The most important legal aspect of getting married in Australia is the ‘Notice of Intended Marriage’ (NOIM) form. For a marriage to be deemed valid in Australia, your marriage celebrant must have received your NOIM form no earlier than 18 months before and no later than 1 month (in effect, 1 month and one day) before the date of your wedding. Your form must be signed and witnessed by a person who can witness statutory declarations in Australia, which includes your celebrant. If you are overseas please see information for overseas couples.

Before I am able to register your marriage, I will also need to view the following documentation from you:
(a) Your birth certificates or an official extract of your birth certificate; or
(b) If you are unable to obtain a birth certificate, a statutory declaration stating to the best of your knowledge, where you were born and when; or
(c) An overseas passport, if you were born overseas.

If you have been married previously, you will also need to provide a certified copy of your 'Certificate of Divorce' (for a divorce finalised after 1 July 2002) or your 'Decree Absolute' (for a divorce finalised before 1 July 2002).

Please click here to download a copy of the NOIM form (in pdf). You will need Adobe Acrobat Reader to view this file.


The Declaration

You will also be required to sign a legal declaration before me stating that you know of no legal impediment to your getting married. In Australia, legal impediments to getting married are considered to be:

(a) That you are currently married to someone else;
(b) That you are related to each other (descendants or ascendants) and
(c) That you are under eighteen years old and have not yet gained permission from either your parents/guardians or the court.


At the Wedding

After your ceremony you will sign three versions of the marriage register. I will keep one version, one version will be sent to the appropriate registering authority and the third is the certificate that will be presented to you by me at the end of the ceremony. You will need to nominate two witnesses who will witness your signatures on each of these documents. Your witnesses can be anyone you want, as long as they are over eighteen years old.


After the Wedding

I must register your marriage within fourteen days of your ceremony. I always register marriages within twenty-four hours of the ceremony via the internet, before forwarding your original documentation to the registry.


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copyright © Niamh Kinchin 2008
ABN: 96 472 462 375