Legal Requirements for Marriage

Completion of the Notice of Intended Marriage form

The completion and lodgement of the 'Notice of Intended Marriage' form is the first step in the marriage process and must be completed by both parties before the marriage can be solemnised/or proceed.

You will be required to provide an original Birth Certificate to show evidence of Place & Date of Birth and provide some form of Photo Identification, such as a drivers licence. Should you have an Australian or overseas passport then this will show evidence of both; an expired passport can still be used, however a cancelled passport is not acceptable.

If you are unable to find/produce your original Birth Certificate, and you were born in Australia, you will be required to apply for one through your nearest office of Births, Deaths and Marriages (Service Tasmania). Exceptions may apply, for instance if you were born in another country and have a valid reason/s for not being able to obtain an original Birth Certificate, (and don’t have a valid passport) you can complete a Commonwealth of Australia Statutory Declaration stating the reason/s why you are unable to provide the required evidence.

An Australian Citizenship Certificate may be used as evidence of place and date of birth, provided you also have photo identification in that name as it appears on the certificate.

If either of you has been married before, you must provide evidence relating to the end of the previous marriage/s, i.e. Decree Absolute, Certificate of Divorce or Divorce Order.

Should you have changed your name then you will need to provide evidence, i.e. Deed Poll or a Change of Name Certificate issued by Births, Deaths and Marriages. If a previous spouse is deceased, you will also be required show an official Death Certificate.

It is not necessary for me to have copies of all your documentary evidence, however, as the Commonwealth Registered Celebrant I must sight all required original documents. I am required to take copies where any evidence has been translated, and/or any statutory declarations have been completed.

A completed Notice of Intended Marriage (NOIM) form must be given to me at least one (1) month before your nominated marriage date. Should you experience any difficulties in providing the required evidence/documents you may still lodge the NOIM, however should you not provide all required evidence before your marriage date, the marriage may not be solemnised/or proceed.

Note:

The Marriage Act states that one (1) calendar month must have elapsed from the date I receive the NOIM before the marriage can be solemnised. The Act also states that the marriage may not be solemnised if the NOIM is received more than eighteen (18) months before your marriage date.

The signing of the NOIM can be witnessed by either myself as an Authorised Celebrant or other officials as listed in the signing section of the form.

Shortening of Time

In some cases a 'Shortening of Time' may be granted with regard to the one (1) month time frame (waiting period) and may only be granted under the following circumstances:

·        Medical Reasons

·        Legal Proceedings

·        Employment Commitments

·        Travel Arrangements

·        Wedding Celebration Arrangements

 

Note:

A shortening of time will not be automatically granted; you would need to apply through a 'Prescribed Authority'. Please discuss with me should a shortening of time be required.

Declaration of no Legal Impediment to Marriage

Before the marriage can be solemnised, the 'Declaration of no Legal Impediment to Marriage' form must be completed by both parties and witnessed by me as the Registered Celebrant. This form is for you to officially declare there is no valid reason why you should not be married, i.e. neither of you is married to another person or is in a prohibited relationship, and you are both of marriageable age (18 years), and there are no other circumstances that would be a legal impediment to the marriage.

Registering Your Marriage / Certificate of Marriage

I am required to register/lodge your marriage with the office of Births, Deaths and Marriages within fourteen (14) days of solemnising/conducting your marriage ceremony.

 

On your wedding day you will sign up to three (3) marriage certificates including two (2) ‘Official Certificate of Marriage’ forms. I am required to retain one copy and the other I must forward to the office of Births, Deaths and Marriages.

The third certificate you will sign is the ‘ceremonial’ Certificate of Marriage which is for you to keep, and although this certificate will show evidence of your marriage being solemnised/performed in accordance with the Marriage Act, it does not provide conclusive evidence as to the identity of either parties to the marriage. As you will not be automatically issued with the Official Certificate of Marriage you will need to apply for a copy through the office of Births, Deaths and Marriages should it be required.

Note:

You will require a registered copy of the Official Certificate of Marriage in order to have personal documents changed to your married surname, i.e. for drivers licence or passport.

Marriageable Age Requirements

The legal age for marriage in Australia is 18 years, however, a person under this age may still be married provided at least one of the parties wishing to marry is over 18 years and the other is at least 16 years of age. The marriage would require approval from a Judge or Magistrate and parental consent sought for the younger party (and/or if so granted by the Court). However, should both parties wishing to marry are below the legal age of 18 years the marriage must not be solemnised/or proceed.

 © 2016 North West Celebrancy - Dennis Aitken

 

 North West Marriage Celebrant                                                                      

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