Legal  Requirements

 

Information/documentation required:

 

• If you were born in Australia you will need your original birth certificate or extract a photo identification.

• If you were born outside of Australia, your original birth certificate or overseas passport (if your birth certificate is not in English you will need a certified translation - refer to GOOGLE - Translations/Interpreters).

• If you have been previously married, a Divorce (previously known as the Decree Absolute) or Death certificate is required.

• If you have had a change of name, a "change of name certificate' must be sighted.

• I am required to speak to each of you face to face to confirm real consent. This must be completed individually but can be undertaken anytime up to the ceremony.

• On the day of your rehearsal, (usually 7-14 days prior), you are required to sign a statutory declaration before your Celebrant stating that you know of no legal impediment to your marriage.

 

Firstly, you must complete and lodge with your Celebrant the NOTICE OF INTENTION TO MARRY (NOIM) form.

This has to be signed no sooner than one month and one day and no later than 18 months before you are married.

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Change of name after marriage - Many women choose to take their husbands name after marriage, this is not compulsory. It is important to realize that the ceremonial Certificate of Marriage given to you on your wedding day is not an identity document, although it is legal evidence of your marriage.

Your Celebrant must introduce themselves as an authorized Celebrant and use both of your full names at least once during the ceremony.

 

Your Celebrant must state the words from the marriage act 1961 section 46:

"I am duly authorised by law to solemnize 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"

 

Both of you must then state the words from section 45 of the marriage act 1961 as your legal vows: After these legally binding words, you can add your own vows and incorporate them into your ceremony.

"I call upon the persons here present to witness that I (Bride or Groom) take you (Bride or Groom) to be my lawful wedded (wife or husband).

Your witnesses and I must be in close proximity and be able to hear you as you exchange vows as it is the exchange of vows that constitutes your marriage.

 

 

On the day of your marriage, during the ceremony you will sign the Marriage Certificate in the presence of two witnesses (who have to be over 18 years of age) and the witnesses also sign the Marriage Certificate and Marriage registry.

At the ceremony, the bride and groom, and two witnesses over the age of 18 years, will each sign 3 documents:

   *The ceremonial "Certificate of Marriage"

   *A certificate which is forwarded by your Celebrant to BDM

   *The marriage registry kept for record keeping by your Celebrant

 

A ceremonial certificate (Certificate of Marriage) is signed and presented to you as part of the service on the wedding day.

 

All legal paperwork, once you are officially married, will be lodged by your Celebrant with Births, Deaths and Marriages. This is usually lodged within 7-10 days after your wedding date by your Celebrant. 

 

*All legal requirements will be explained in detail at your initial consultation by your Celebrant.