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Wow, You Just Got Engaged! - What Are The Steps To Get Legally Married in Australia?

A Legal Marriage: Everything You Need to Know About the Legal Requirements of a Valid Marriage in Australia

 

The last thing a couple wants to focus on is the legal requirements of getting married. This is where your highly trained and experienced marriage celebrant is absolutely vital. You need to trust your celebrant to ensure that your marriage is valid and legal. Jamie Cartner will walk you through the legal aspects of your wedding preparation and reassure you of what you need to provide and take care of.


 
Notice of Intended Marriage Form


Upon commencing the journey toward marriage you will be required to complete and submit a Notice of Intended Marriage (NOIM). The NOIM must be lodged with your celebrant no later than 1 month prior to the ceremony and no more than 18 months out from your ceremony.




The NOIM has two requirements:

  • Once all of the details are completed the notice must be signed in front of an authorised witness who will verify their identity and witness the couple signing the notice. You are signing to acknowledge that you have completed the relevant sections, are aware of the privacy notice, and are formally giving notice of your intention to marry.


  • While it is convenient and preferable to do this in the presence of your celebrant who can witness the signing of the notice, you can also arrange for another authorised witness such as a JP to witness you signing the notice and then lodge it with the celebrant later.


Once the notice is received by the celebrant, they will acknowledge receipt of the NOIM and record the date.


Celebrants have a variety of different ways they get couples to complete the NOIM.


 

When you book Jamie Cartner as your celebrant, he will send you an easy to follow Google Form to fill in with the information you need to complete. Important information includes:

  • Full legal names of both parties to the marriage

  • Full current and birth names of parents as well as country of birth

  • Place, Date, and Time of the Ceremony

  • Current residential address

  • Place and date of birth of the parties to the marriage

  • Current occupations of the parties to the marriage

  • Current marital status of the parties to the marriage

  • Evidence of place and date of birth. Usually a current passport or birth certificate.

  • Photo Identification – Usually a current passport or current drivers licence

  • Jamie will use this information to prepare the NOIM – The first meeting will be to visually sight the IDs and the parties to sign the NOIM which will then be witnessed by the celebrant and lodged.




 
Declaration of No Legal Impediment to Marriage form


The Declaration of No Legal Impediment to the Marriage is the legal opportunity for the couple to declare that there is no legal reason why they cannot be lawfully married. Impediments include: Still in a married status; In a prohibited relationship; Neither of the parties are under 18; or any other reason why the marriage cannot proceed. The declaration is usually signed by the parties to the marriage and witnessed by the celebrant up to a week prior to the ceremony. Often this is done at a rehearsal or a final meeting prior to the ceremony.





 

 

Verbal statement of consent to the marriage – From July 2024 celebrants are now required to verbally and in person clarify free consent of both parties to the marriage. This needs to be done individually with the parties in a setting where the other party are not present at all. The celebrant will ask if you freely consent to marrying the other party and the celebrant should ask you using your full name if you freely consent to marrying the full name of your partner. This is really nothing new, celebrants have always been required to observe true and free consent, what has changed is the formal nature of the request. The acknowledgement of the consent is then recorded by the celebrant usually in a journal or diary. 


Your Celebrant will, in person, clarify free consent of both parties to the marriage.


 

The Certificates of Marriage:

Official Certificate of Marriage

The official certificate of marriage is prepared by the celebrant in duplicate. The information on this certificate is similar to the NOIM and is signed by the parties to the marriage, the two witnesses to the marriage, and the celebrant.


One copy is retained by the celebrant for a period of seven years and the other copy is sent to the NSW Department of Birth’s, Deaths, and Marriages (BDM).




The only legal requirement of the two witnesses to the marriage is that they are over the age of 18. They are not required to be Australian Citizens and literally can be random strangers. They are simply witnessing that the ceremony took place. There is also no requirement for the witness to be the best man or maid of honour.


 

Form 15 Certificate of Marriage


Form 15 certificate of marriage is the beautiful Commonwealth of Australia marriage certificate that is presented to the couple at the conclusion of the ceremony.




Both the official certificate of marriage and the Form 15 certificate of marriage are prepared by the celebrant prior to the ceremony and are signed after the mandatory vows and Monitum (explanation of marriage) are performed.


 

The official Certificate of Marriage from the BDM

The official certificate of marriage from the BDM

All marriages are lodged within 14 days following the ceremony by the celebrant at the relevant Births, Deaths, and Marriages in the State or Territory where the marriage took place.


An official certificate of marriage can then be issued by the BDM which the couple will need if they wish to change their name. You can also purchase an additional special commemorative certificate.




The cost and application of the Official Certificate of Marriage is part of the celebrant service provided by Jamie Cartner.  Additional commemorative certificates are an extra fee.

commemorative certificates available from the BDM


 


There you are, the legal aspects all explained. Don’t worry too much about the legals your celebrant should have a full understanding of the legal requirements and should guide you through the process at the right time. If you are unsure it is best to check.



 

With Jamie Cartner’s wealth of experience in all aspects of the legal requirements of a valid wedding you can rest assured that all you have to worry about is writing your beautiful vows, turning up on the day and saying I do!


 

 Ready to get started? Let’s make your dream wedding a reality.

Click on the link below to meet Jamie and begin planning your dream wedding.




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