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The Legal Process
things you need to
know & 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.
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Mukta Levy
oMKAR tRADITIONS
mukta@omkartraditions.com Telephone: 07 5533 5760
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