It's not just the party aspect of your wedding day that requires a lot of forward planning - Before you get to the big day, there are a few legal requirements that you need to take care of so that you and your partner can be legally married.

There are rules to follow, requirements to meet, forms to fill out in advance and on the actual wedding day, and more paperwork that needs to be done afterwards. 

If you're already drowning in budgets, quotes, timelines and emails, wading through the legal requirements of getting married might seem like a difficult task. But, thankfully, everything you need to know and do can be broken down into a fairly easy to follow, and much less intimidating, list.

what is a marriage in australia?

A marriage is defined by the Marriage Act 1961 as "the union of 2 people to the exclusion of all others, voluntarily entered into for life".

This one definition covers a lot. It shows that any two people who meet the other requirements listed below can get married, regardless of their sex or gender identity. It highlights how marriage must be a choice that is actively made by each person, without coercion and not under duress. It explicitly states that marriage is a monogamous union, a legal commitment that can only be made to one partner. And, although no-fault divorce is legal in Australia, this definition shows that a marriage should be thought of as a serious, permanent commitment.

Marriage is not just a symbolic joining of you and your partner, but a legal one as well. It provides you with a range of rights and protections, some of which are also afforded to de facto partners, but some of which are unique to married couples.

requirements for getting married in australia

This information is sourced from the Attorney-General's Department, which references the Marriage Act 1961 and Marriage Regulations 2017. 

Just a reminder, all of these requirements are for getting legally married in Australia. They apply to everyone who wants to get legally married in this country, even people who aren't Australian citizens or permanent residents of Australia.

These are the national requirements, but I highly recommend checking out the requirements for your specific state, too, just to make sure that you've covered all of your bases and to get a better idea of local wait times. You can find more information at each state's Registry of Births, Deaths and Marriages (BDM).

legal requirements before you get married

The first thing you need to do is hire an authorised marriage celebrant.

Four types of marriage celebrants are recognised in Australia. It's important that you hire one who fits with the type of marriage ceremony you're having, as some celebrants only perform civil / non-religious ceremonies, while others only perform ceremonies that align with their religious beliefs, for couples who also follow their religion.

• commonwealth-registered marriage celebrants
  • Generally perform civil ceremonies.
    
    
• religious marriage celebrants
  • Don’t have to perform ceremonies that do not align with their religious beliefs, but must say they are a religious marriage celebrant when they advertise their services.
    
    
• ministers of religion
  • Must be part of a recognised religious denomination in Australia, perform ceremonies that align with their religious beliefs.
    
    
• state and territory officers
  • Only perform civil ceremonies, and may only be permitted to perform ceremonies at particular courts.

I talk more about the role of a celebrant in this article here, but to focus in on just the legal stuff, your celebrant can help you fill out all of the required paperwork, submits your NOIM, and certifies that you and your partner are legally able to be married. To do so, they need to: 

• see evidence of your date and place of birth (birth certificate or passport) and see proof of your identity (driver's licence or passport)
• see proof that a previous marriage has ended, if either of you have been married before
• witness you and your partner signing your Notice of Intended Marriage (NOIM), either in person or remotely, via audio-visual link
• meet separately and in person with each party to a marriage
• have your completed NOIM least 1 month and no more than 18 months before your wedding date

If there are exceptional circumstances, your celebrant might be able to help you get married with less than a month's notice, but this is rare.

legal requirements on your wedding day

You can add a lot of personal touches and customisation to your ceremony, but there are certain requirements that must be met no matter what.

people present

The minimum number of people who can attend a legally binding marriage is five. All of these people must be physically present.

• you
• your partner
• your authorised marriage celebrant
• two witnesses, who are both over 18 years old

As I talk about in the article on eloping, if you want to keep your wedding as small as possible, you can either forgo vendors such as a photographer and videographer and have just two friends or family members attend as your witnesses, or you can instead ask your photographer and videographer to double as your witnesses. It's not uncommon for vendors who specialise in elopements and micro weddings to offer this service as an add-on for a small extra fee to their usual packages.

the monitum

The Monitum is the script that must be said by your celebrant, in front of the couple being married and two witnesses. It reads as follows:

"My name is [Celebrant'S Full Legal Name] and we are gathered today to witness the marriage of [Your Name] and [Your Partner's Name]. I am duly authorised by law to solemnise marriages according to law. Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter. Marriage, according to law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into for life."

the legal vows

Your legal vows are a script that must be said by you to your partner, and by your partner to you, in front of your celebrant and two witnesses. These few lines are extremely important, as they're the entire legal basis of your wedding vows. You can add personal vows afterwards, but don't change any of the wording of this section without pre-approval from your celebrant, or you might have to repeat it in order for the marriage to be valid.

Don't worry about having to memorise them, however - your celebrant will stand beside you and quietly read the lines, and you just have to repeat after them.

The legal part of your vows is this:

"I call upon the persons here present to witness that I, [Full Legal Name], take you, [Full Legal Name] to be my lawful wedded wife/husband/spouse."

the certificates

There are three copies of your marriage certificate, all of which need to be signed by you, your partner, your authorised celebrant and your two witnesses.

If you're planning on changing your name after marriage, you still need to use your current legal name/maiden name when signing these certificates.

• form 15 / ceremonial / commemorative certificate of marriage
  • This is the one you get to take home on your wedding day. It is an actual legal document, and is actually irreplaceable, so make sure you keep it safe. It stands as "conclusive evidence that your marriage has been solemnised" in a particular place on a particular day, but it "does not provide conclusive evidence of the identity of either of the parties to your marriage", so it can't be used for official purposes (like changing your name) as proof of your marriage.
    
    
• the official certificate of marriage (BDM copy)
  • This is the legal certificate that has all of the details and information needed for your marriage to be officially registered. Within 14 days of your wedding, your celebrant will send it off to the Registry of Births, Deaths and Marriages for the state that you were married in.
    
    
• the official certificate of marriage (celebrant copy)
  • This is exactly the same as the other official certificate that your celebrant will send off for registration, but they're legally required to keep this copy for their own records.

legal requirements after you're married

If you'd like to change your name, or have definitive proof on hand that you're married, you need to order a copy of your official marriage certificate from the BDM for the state that you were married in. There can be a slight delay with this, as your celebrant has up to 14 days to register your marriage, but once that's been done, you can order your own copy.

Changing your name after marriage is slightly less convoluted than a lot of other government processes, but it can still be a bit of a hassle just making sure that you've done it everywhere. 

If you were born in Australia and got married in Australia, you can take your spouse's family name or both you and your partner can hyphenate your family names without needing to apply separately for a change of name. Instead, you can just give all of the relevant organisations where you'd like to change your name your BDM-issued official Australian certificate of marriage. Some places will require a certified copy.

If you were born overseas and got married in Australia, most organisations will let you take your spouse's family name if you provide them with your primary identity document (foreign passport or Australian citizenship certificate) and your BDM-issued official Australian certificate of marriage. Some places will require certified copies. Some organisations may need you to legally change your name with the BDM in the state or territory where you currently live in order to use your spouse's family name.

requirements for australians getting married overseas

This information is sourced from the Australian Government's SmartTraveller website, which provides general advice. For specific information about marriage requirements, you need to contact the embassy or consulate in the country that you'd like to get married in.

legal requirements before you get married

The paperwork that needs to be done in advance is a lot more complicated if you'd like to have an overseas destination wedding.

Most countries will ask for proof that you are eligible to get married. The proof required varies from country to country, but the most popular types are a Certificate of No Impediment to Marriage (CNI) and certificates from a registry of births, deaths and marriage (BDM).

• certificate of no impediment to marriage (CNI)
  
  • You can apply for one of these through The Department of Foreign Affairs and Trade (DFAT). It may also need an authentication or apostille. 
  • Some local authorities only accept CNIs issued from their country and won't accept ones issued by DFAT, so make sure you check that before applying. 
    
    
• certificates from your local BDM
  • The usual ones requested are a statement that there's no record you have been married before, a Single Status certificate and a No Record Result certificate.
  • You may also be asked for your original birth certificate and passport, divorce papers if you're divorced, or a death certificate if you're a widow or widower.
  • You might need to have these documents legalised/notarised - read about how to do that in Australia here and how to do so overseas here.

legal requirements on your wedding day

Weddings that happen overseas cannot be legally registered in Australia, but overseas marriages can be legally recognised in Australia, if they meet some specific requirements. In order to be recognised, when you got married, it must have been:

• valid under the law of the country where it happened
  • Obviously these requirements vary from country to country, so make sure to confirm all of this information by researching the specifics.
    
    
• valid under Australian law, if it had occurred in Australia
  • So your overseas wedding must still follow all of the requirements listed above, like any Australian wedding would.

legal requirements after you're married

A foreign marriage certificate is usually accepted as proof of the marriage for recognition purposes in Australia, but you should check with a lawyer to confirm that your overseas marriage certificate is valid in Australia.

Either way, you won't be able to use it to change your name with most organisations, and definitely not for passports. For that, you'll instead have to apply for a name change certificate through the BDM in the state you were born in.

It's also important to note that, if you were born overseas and aren't already an Australian citizen or permanent resident, marrying an Australian citizen does not ensure you can come to Australia or become a resident or citizen. To immigrate to Australia, you may be able to get a partner visa, or start the process of applying for citizenship.