Everything You Need to Know About Marriage Legalities in Aus

 There are four key conditions you must meet before you can legally marry in Australia:

1. Age: You must be 18 years or older. (There are some rare exceptions where people under 18 can marry, but let me know if you need more info on that.)
    
2. No Existing Marriages: You must not be currently married to anyone else.
    
3. No Close Blood Relatives: You cannot marry someone who is your sibling, parent/child, or grandparent/grandchild – whether biological or adopted.
    
4. Consent: You must give full and voluntary consent to the marriage.

 Before your big day, there are several legal documents we need to complete to ensure everything is above board. Remember, these documents are legally binding, and there are penalties for providing false information.

This is the first step in the process and needs to be lodged with your celebrant at least one month before your wedding (but no more than 18 months). I’ll help you fill out this form during one of our ceremony planning meetings, usually a few months before the wedding.

You’ll need to provide:

• Proof of Birth: A birth certificate or passport (either the original or a scanned copy).
• Proof of Identity: A government-issued photo ID, like a passport or driver’s license. 
• Proof of the End of Any Previous Marriages: A divorce certificate or a death certificate if applicable.

If any of your documents aren’t in English, they’ll need to be translated.

The NOIM also gives you the option to identify as Groom, Bride, or Partner, and allows you to specify your gender, whether Male, Female, or Non-binary.

When you lodge the NOIM, I’ll provide you with a brochure explaining your marriage obligations and also information about relationship education available in your area.

Important Note: The NOIM is NOT a marriage license – that doesn’t exist in Australia!

This form needs to be signed either at your rehearsal or right before your ceremony. It’s a declaration that:

• You’re not married to anyone else. 
• You’re both over 18. 
• You’re not too closely related.
• There’s no legal reason preventing you from getting married.
   

I’ll go over everything with you and help you fill this out when the time comes.

On your wedding day, there are five important things that must happen:

1. I’ll introduce myself as an authorized celebrant. 
2. I must recite the Monitum (a formal reminder of the legal nature of marriage). 
3. Your full legal names (as they appear on the marriage documents) must be mentioned at least once during the ceremony. 
4. Both of you must recite the legal Form of Vows. 
5. We’ll all sign three copies of the marriage certificate.
    

Essentially, there are 124 legally required words that need to be spoken, and we’ll need to sign some documents – but everything else can be as personal and romantic as you want it to be!

I must recite these words to make sure everything is legally valid:

"I am duly authorised by law to solemnise marriages according to law.

Before you are married in my presence and in the presence of these witnesses, I must 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."

You’ll both need to say these words to make the marriage legally binding:

"I call upon the persons here present to witness that I, [Your Name], take thee, [Partner's Name], to be my lawful wedded husband/wife/spouse."

Feel free to add your own personal vows after the legal ones – it’s your day, after all!

 Your witnesses must be at least 18 years old and able to hear and understand the ceremony. They don’t need to be Australian citizens, and they don’t have to have known you for years. They simply need to witness the ceremony and sign the documents. 

 After the ceremony, there are two important certificates:

1. Official Certificate of Marriage: This one is kept by me and sent to the Registry of Births, Deaths, and Marriages in your state or territory. It officially registers your marriage.
    
2. Form 15 Certificate of Marriage: This is the pretty certificate you’ll get to keep as a memento of your big day. It’s a legal document, but it doesn’t prove your marriage is registered with the government – that’s what the official certificate is for.

 If anyone involved in the ceremony (either of you or your witnesses) doesn’t speak English fluently, we’ll need an interpreter. They’ll need to sign a statutory declaration before the ceremony and a certificate after the ceremony, confirming they interpreted everything accurately. 

 While all of this might sound a bit technical, rest assured, I’m here to make the legal stuff easy to understand so that your day is as stress-free as possible. Plus, there’s still plenty of room for all the love, joy, and romance you want to include!

If you have any questions about these legal requirements or need help with something more complicated, don’t hesitate to reach out. I’m happy to assist!