Wedding Legalities

Your wedding day is one of the most important days of your life. One of the many decisions you will need to make is whether to marry in a religious setting or be married by a registered celebrant. Choosing the right marriage celebrant will make sure your day is a memorable one. You should ensure your proposed celebrant is authorised as a marriage celebrant under the Marriage Act 1961 by checking the Register of Marriage Celebrants or the List of Authorised Marriage Celebrant.

You will find marriage celebrants from religious organisations as well as celebrants from non-recognised denominations on the list of authorised marriage celebrants. You should make an appointment to meet a celebrant if you are uncertain. It is also advisable to confirm your wedding arrangements in writing in plenty of time before the day.

Marriage celebrants are encouraged to offer a choice of ceremonies where this is appropriate, or assist the couple in writing their own. You should feel comfortable with your celebrant and feel confident that he/she suits your needs and will complement your special day.

Providing notice of your intended marriage

Lodgement

Within 18 months of your proposed marriage, and no later than one month and one day prior to it, you must give a completed Notice of Intended Marriage form to the authorised marriage celebrant who is to conduct your marriage ceremony. All marriage celebrants should have the necessary paper work to perform your marriage.

You will need your birth certificates (originals) and evidence that any prior marriage has been dissolved by either death or divorce.

Shortening of Time

It is possible to shorten the minimum notice time for a marriage to less than a month if the special circumstances set out in the Marriage Regulations 1963 are met. You will need to approach a Prescribed Authority for approval.

Prescribed authorities (usually at your Local Court or Registry officials) can shorten the required period of notice if they are satisfied that the circumstances prescribed in the Regulations are met.

The five categories of circumstances set out in the Regulations. These are:

· Employment–related, or other travel commitments

· Wedding or celebration arrangements, or religious considerations

· Medical reasons

· Legal proceedings, and

· Error in giving notice.

The reason for wanting a shortening of time for notice must fall within one of these categories. There is no capacity to grant a shortening of time outside these circumstances. Shortening of time is not automatic. When making a decision, the Registry of Births, Deaths and Marriages (BDM) or a prescribed authority will weigh up the information provided in support of your application and may seek additional information as outlined in the Regulations. You should have the documentation that supports your request before approaching a prescribed authority.

Transfer

If for some reason you need to change your marriage celebrant, it is the responsibility of the first marriage celebrant to ensure the Notice of Intended Marriage form is transferred safely to the second celebrant by hand or registered post. You must ask the celebrant to transfer the notice for you.

Fees

Marriage celebrants authorised by the Australian Government Attorney-General's Department are entitled to charge for any services that they provide. Fees for weddings are not fixed and may vary from marriage celebrant to marriage celebrant. Make sure you reach an agreement on the fees before asking the celebrant to hold a date. You should also ensure you understand which charges are non-refundable and obtain a written statement of all fees and charges.

Participating in a marriage ceremony

People who are not authorised marriage celebrants may participate in aspects of a marriage ceremony. However, there are several legal requirements before, during and after the ceremony that can only be fulfilled by an authorised marriage celebrant.

At the ceremony, the authorised marriage celebrant must::

· consent to be present as the responsible authorised marriage celebrant

· take a public role in the ceremony

· identify themselves to the assembled parties, witnesses and guests as the celebrant authorised to solemnise the marriage

· be responsible for ensuring the validity of the marriage, according to law

· say the words required by section 46 in the presence of the parties, the formal witnesses and the guests before the marriage is solemnised

· be in close proximity (ie nearby) when the vows required by subsection 45(2) are exchanged. It is the exchange of vows that constitutes the marriage and the authorised celebrant must see and hear the vows being exchanged

· be available to intervene (and exercise the responsibility to intervene) if events demonstrate the need for it elsewhere in the ceremony

· be part of the ceremonial group or in close proximity to it; and

· sign the papers as required by the Act.

Getting married overseas

For information on getting married overseas please contact the Embassy or other diplomatic mission of the country concerned. If that country requires you to get a Certificate of No Impediment to Marriage, contact the Department of Foreign Affairs and Trade on (02) 6261 3015.

For more information, please visit the Smart Traveller website.

The Certificate of Marriage to be issued to couples (Form 15)

A marriage celebrant must issue a prescribed Form 15 marriage certificate to you after your wedding as evidence of your marriage. Your marriage celebrant prepares three certificates of marriage containing the details of your marriage and you and your witnesses will be required to sign all three.

They are:

· the certificate retained by the marriage celebrant for their records;

· the certificate that will be forwarded to the Registry of Births, Deaths and Marriages for the registration of your marriage; and

The certificate that will be given to you as a record of your marriage.

How can we be sure we have been given the official certificate?

The official certificate must be exactly as prescribed in the Marriage Regulations 1963. To see a sample of the prescribed Form 15 certificate click here for Civil Ceremony Certificate; and click here for Religious Ceremony Certificate.

You will see that it bears the Commonwealth Coat of Arms and a pattern on the front, and a number on the back that is unique to each certificate (and is traceable), but the security features of the new certificate will not be visible. These features make your marriage certificate significantly more secure as an official document because they protect it against alteration and reproduction.

While a certificate of marriage is not a proof of identity document, it is evidence of your change in marital status and in some situations (e.g. when applying for an Australian passport) you may be asked to produce a registered copy of it.

Information on this page has been collated from the Australian Government Attorney’s-General department, Marriage section.