Legal Requirments

Under the Marriage Act 1961 there are certain obligations that you as a couple intending to marry are required to meet prior to a marriage ceremony being solemnised.  These are set out below: 
  • Notice of Intended Marriage Form (NOIM) is required to be lodged with the proposed Marriage Celebrant no less than one month and one day - and no more than eighteen months prior to the marriage being solemnised;
  • Generally the Notice of Intended Marriage is completed when you have your first meeting with your Celebrant or within the required timeframe and certainly before the marriage can be solemnised.
  • The NOIM can be downloaded from the following link:  Notice of Intended Marriage
  • At the time of lodgement of the NOIM, you must produce your original Birth Certificate, or an authorised Extract of such certificate. Persons born in Australia MUST produce their birth Certificate
  • If you were born outside Australia you are also required to provide your Birth Certificate.  If this document is not available, a Passport and/or citizenship papers will be acceptable.
  • In the event where a person born overseas has neither a Birth Certificate nor a Passport issued by a Government of an overseas country, a Statutory Declaration will be acceptable.
  • All documents in languages other than English require a certified translation.
  • If you are divorced a copy of the 'Decree Absolute' (for divorce finalised before 1st July 2002) or 'Certificate of Divorce' (for divorce finalised after 1st July 2002) must be produced. 

    You can complete the NOIM after the Court Hearing, and during the one-month period prior to the decree becoming Absolute.   (Some countries have an Annulment Process in lieu of a Divorce System.  In this case annulment documentation must also be produced.)
  • If widowed, the original Death Certificate or extract of Death and previous Marriage Certificate must be produced.
  • Before marriage can be solemnised, both parties will be required to sign a Declaration under the Marriage Act 1961, stating they believe there is no legal impediment to their marriage. This Declaration should be made as close as possible to the ceremony.  Under Section 11 of the Statutory Declaration Act 1959, this is a legal document, where it is an offence to make false statements and is punishable by law. 
  • Under the Marriage Act 1961, two persons under the age of eighteen cannot marry.  However under Section 12 of the Act, a person between 16 and 18 years of age must obtain parental consent and approval of a Court of Law to marry a person of marriageable age. Persons aged 16 and under cannot marry under any circumstances.