Legal Requirements

Legal Marriage in Australia is defined as the union of a man and woman to the exclusion of all others. This marriage must be authorised by a Civil Marriage Celebrant or Member of the Clergy.

It is a legal requirement to complete a “Notice Of Intended Marriage” and lodge it with your wedding celebrant, at least 30 days and no longer than 18 months before the proposed wedding ceremony It is valid for 18 months.. (I would suggest earlier rather than later to secure your date and time)
This form can be accessed at the bottom of this page and filled in and printed or downloaded from the Attorney-General’s website at
www.ag.gov.au/celebrants.
 
Please do not sign the Notice of Intended Marriage Form as the signature must be witnessed by the marriage Celebrant or other authorised person.
You will also sign a declaration stating that there is no legal impediment to your marriage at the earliest 1 month before your wedding & no later than 2 weeks prior

At this stage a $150.00 deposit is required (which is non-refundable)

Certain documentation must be produced and sighted by the wedding celebrant before the marriage is solemnised,:

If born in Australia - your Original Birth Certificate (If you need a copy please contact Births Deaths and Marriages in the State that you were born). Or current Passport.
If born abroad - your Original Birth Certificate or Overseas Passport. 
If either of you have been previously married then your Original Divorce Decree papers or Death Certificate of a previous spouse.
(If you need a copy of your Divorce Paper please contact the Family Law Court in the State you were Divorced).
If either party has officially changed their names, a Change of Name Certificate is required
        * Any documents in a foreign language must be translated into English and a Translation Certificate supplied.
        * Statutory Declarations - If you cannot obtain a copy of your birthday certificate due to you being a refugee or other circumstances , I can help you complete a
          Commonwealth Statutory Declaration where you state details of the date and place of your birth, your parents etc.

Age
Both persons intending to marry must be the age of 18.

If one party is between the age of 16 and 18 years old you are required to obtain the following:

            * Parents’ consent on the required form
                                        And
            * A court order under section 12 of the marriage Act.

Witnesses

You are required to have two witnesses who are both over the age of 18 present to sign the Marriage Register and Certificates.

If you live interstate and will not be in Western Australia until a few days before the wedding Ceremony, we can still get on with the lodgement of the Notice Of Intention Marriage form.
You can download a form from
www.ag.gov.au/celebrants or I can email you an electronic copy that can be filled out and signed by an appropriate person in that state and then post it back to me.


Shortening of Time

It is possible to shorten this minimum time if special circumstances set out in the regulations are met.

Firstly, you need to meet with me to fill out the Notice of Intended Marriage Form.

Secondly you will need to approach a prescribed authority for approval (your Local Court or Registry Officials) They are the only ones that can shorten the required period if they are satisfied that the circumstances prescribed in the regulations are met: These circumstances are:

    1. Employment related or other travel commitments.
    2. Wedding or celebration arrangements, or religious considerations.
    3. Medical reasons
    4. Legal proceedings.
    5. Error in giving notice.

The reason for seeking a shortening of time must fall within one of these categories and it is up to the prescribed authority to approve the application ~ it is not an automatic process.

 
What proof of Marriage will I receive?

You will be required to sign 3 marriage certificates following the ceremony.
    *The first is the official certificate which the celebrant will send to the                          Registry of Births, Deaths and Marriages to officially register the marriage.
    *The second is a duplicate which the celebrant keeps as a record of the                     marriage.
    *The third is a numbered Wedding Certificate, often referred to as the parties'             certificate.
At your wedding you will be presented with a Marriage Certificate.                      This certificate is conclusive evidence of your marriage but not of your identity.
Some entities e.g. Passport Office & RTA require you to produce a registered copy of your Marriage Certificate. This is obtained from Registry of Births, Deaths and Marriages or the Local Court house where Marriage performed within 4-5 weeks of the ceremony.
An additional cost is payable to the authority to obtain this copy.                              
I can email you the application. 

I will ensure you have a full understanding of all legal requirements of a marriage. I undertake to comply with all areas of the Marriage Act 1961

 

The Marriage Celebrant Must:


       • Identify themselves to the assembled parties, as the wedding celebrant                 authorised to solemnise the marriage and say the words required by                      
section 46 (Monitum),

            • Ensure that they hear the vows being exchanged, because it is the                           exchange of vows that constitutes the marriage; 


        • Sign the papers required by the Act and register the marriage.


Registering the Marriage
Marriage Celebrants are responsible for registering the marriage within 14 days of the ceremony taking place.

Translation and Interpreting Services
For translation or interpreting services contact –
Community Relations Commission 24hr/7days on site interpreting service available 1300 651 500

For marriages dissolved before 1975, a copy of the decree absolute can be obtained from the Supreme Court in the state where the marriage was dissolved.

State Registry Offices
(for all birth, death and marriage certificates).   

Western Australia
PO Box 7720, 
Cloisters Square WA 6850  Ph: 08 9264 1555                                     
 
NSW 
GPO 30 Sydney NSW 2001
http://www.bdm.nsw.gov.au

ACT 
GPO Box 788 Canberra ACT 2601
Ph: 02 6207 6444
 
Queensland  
PO Box 188 Albert St., Brisbane QLD 4002
Ph: 07 3247 9203 

Victoria
PO Box 4332  Melbourne VIC 3001  Ph: 1300 369 367
 
South Australia  Western Australia
GPO Box 1351, Adelaide SA 5001 Ph: 08 8204 9599  

Northern Territory 
PO Box 3021 NT Ph: 08 8999 6119 


Ċ
Margaret Cusack,
2 Oct 2018, 05:14
Ċ
Margaret Cusack,
2 Oct 2018, 05:14
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