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The Legal Process
things you need to know and do before you get married

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The Notice of Intended Marriage

The Notice of Intended Marriage form is the legally required document that must be lodged with a celebrant, no later than one calendar month before the date of the ceremony, and no earlier than 18 months prior to the wedding date. The form is available as a 4 page PDF document from the Attorney General's Dept. via the website below, or you can download a copy here. (pdf)  Download Adobe Reader if necessary.

Shortening of Time, i.e. marrying before the one month notice of time has elapsed. Permission may be given by a Prescribed Authority. You can find a list of Prescribed Authorities at the address following. Once you have opened this link you will need to click on the State of Territory in which you require the Prescribed Authority (left side of your screen). Then choose "Prescribed Authority".  http://www.ag.gov.au/mclisting

One person only may sign the Notice of Intended Marriage form and give it to the celebrant if the other person is unavailable to sign at the time. It is important to note that the Notice must be given by both parties even if only one can conveniently sign it. However, the person who has not signed the Notice must then sign it in the presence of the celebrant before the marriage can be solemnised.

Marriage between two people under the age of 18 is generally prohibited in Australia. However it may be possible under certain  circumstances, the rules are strict and permission from a court would have to be obtained. 

If for some reason you need to change your marriage celebrant you will need to obtain the Notice of Intended Marriage form that you lodged with the original celebrant and give it to your new celebrant or fill in a new form and wait a further month.

Proof of Birth

Both parties must produce Proof of Birth. For those born in Australia, an original Birth Certificate or an original Extract of Birth Certificate is required. A Passport is not acceptable. Statutory Declarations are only acceptable in unusual circumstances, for example, when there is a "No Record" of birth.

Birth Certificate or Passports are acceptable for those born outside Australia. It is a rare situation where a Statutory Declaration is acceptable.

If either of you have had a name change you must provide the legal evidence. If applicable, you must also produce Australian Citizenship papers.

Download Statutory Declaration Form (PDF)     Persons who may Witness Commonwealth Statutory Declarations (Word)

Proof of Dissolution of any Previous Marriage

Certificate of Divorce, Decree Absolute of Divorce, or equivalent. Or a full Death Certificate of the widowed person's former spouse.

Witnesses

You will need TWO people over the age of 18 to be your witnesses to the marriage.

Notice of Intended Marriage Form    The Notice of Intended Marriage form (NIM or NOIM), is the legally required document that must be lodged with a celebrant, no later than one calendar month before the date of the ceremony, and no earlier than 18 months prior to the wedding date. The form is available as a 4 page PDF document from the Attorney General's Dept. via the website below, or download a copy HERE - Or, fill in form HERE - then print.                  DOWNLOAD ADOBE

Attorney General's Department    The regulation of marriage celebrants in Australia is administered by the Civil Justice Division of the Attorney-General's Department. The Marriage Celebrants Section administers the Marriage Act 1961

Code of Practice for Marriage Celebrants    As administered by the Attorney-General's Department

Registrar of Births, Deaths & Marriages   Birth Certificates available from the Registrar in your state of birth:

               VICTORIA               WEST AUSTRALIA              NORTHERN TERRITORY           NEW SOUTH WALES 

               TASMANIA               SOUTH AUSTRALIA            QUEENSLAND                             AUST CAPITOL TERRITORY

Overseas Visitors    Some overseas governments require proof that Australian documents, or the signatures of Australian officials on documents, are genuine before they will accept them. This is done through the Dept. of Foreign Affairs & Trade (DFAT). They will certify that a signature, stamp or seal on a document is genuine by checking it against a specimen held on file, and stamping the document with an Authentication or Apostille. This is a legal process; stamps will only be issued once DFAT are satisfied the signature, stamp or seal on a document is not fraudulent.  After your wedding, your celebrant will lodge the marriage documents with the relevant Registrar of Births, Deaths & Marriages. These documents will be processed and your marriage will then be registered; you will need to apply for a copy of the registered Marriage Certificate. This registering process can take up to a few weeks, so if you are leaving Australia soon, please contact the BDM to arrange priority.  This Marriage Certificate will be required by DFAT for the Authentication or Apostille.

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Mukta Saraswati

oMKAR tRADITIONS

mukta@omkartraditions.com        Telephone:    07 5533 5760   Mob: 0428 318 901

www.omkartraditions.com