legal marriage requirements: an australian guide

Getting legally married in Australia is not wildly complicated, but the government wording can make it feel like you need a law degree, a cup of tea and a lie down. So here’s the simple version.

If you want to get married in Australia, you need to meet the legal requirements, complete the right paperwork and have your marriage solemnised by an authorised celebrant or another authorised person.

The personal stuff is up to you. The flowers, music, outfits, aisle moment, readings, vows and whether your dog wears a bow tie are all optional. The legal bits are not.

You need to be legally able to marry

To get married in Australia, both people need to be legally able to marry. In simple terms, that means:

• you cannot already be married

• you cannot be marrying a close prohibited relative

• you must be old enough to marry

• you must understand what marriage means

• you must freely consent to the marriage

• you need to be married by an authorised celebrant or authorised person

You do not need to be an Australian citizen or permanent resident to get married in Australia. Marriage in Australia is also not determined by sex or gender, which means the same legal marriage process applies to all couples.

You need an authorised celebrant

Your marriage needs to be solemnised by someone who is legally authorised to marry people in Australia.

That might be:

• a Commonwealth-registered marriage celebrant

• a religious marriage celebrant or minister of religion

• a state or territory registry officer

If you are planning a civil wedding ceremony, a Commonwealth-registered marriage celebrant is usually the person handling the legal side.

This is why a friend cannot just “marry you” in Australia unless they are actually authorised to do so. They can absolutely be involved in the ceremony, but they cannot do the legal marriage part unless they are authorised.

You need to lodge a Notice of Intended Marriage

Before you get married, you need to complete a Notice of Intended Marriage. You will often hear celebrants call this the NOIM. This form needs to be given to your celebrant at least one month before the wedding and no more than 18 months before the wedding.

So no, you usually cannot wake up on Friday and decide to get legally married on Saturday because the vibes are right and the weather is cute. There are some very specific situations where a shortening of time may be approved, but that is not something to rely on as your wedding planning strategy.

You need to provide identity documents

Your celebrant will need to check documents that prove who you are and when and where you were born. This is usually done with documents like a passport, birth certificate or driver licence, depending on what is needed.

If either person has been married before, your celebrant will also need evidence that the previous marriage has ended. That could be a divorce order or death certificate. Your celebrant will tell you exactly what they need from you.

Your celebrant needs to meet with each person separately and in person

Before the marriage is solemnised, your celebrant needs to meet separately and in person with each party to the marriage. This is part of making sure both people are freely consenting to the marriage. It does not need to be scary or dramatic. It is simply an important legal safeguard.

You need two witnesses

On the wedding day, you need two witnesses. They must both be over 18. Your witnesses can be friends, family members or whoever you choose, as long as they are adults and able to understand what they are witnessing. They will sign the marriage paperwork during or after the ceremony.

You need to say the legal vows

There are specific legal words that must be said during the ceremony. You can add personal vows, funny vows, emotional vows, private vows, short vows or no personal vows at all, but the required legal wording still needs to be included.

Your celebrant will guide you through this so you are not standing there trying to memorise legal phrases while also having a very large feeling.

You need to sign the marriage documents

On the day, the marriage documents are signed by:

• both people getting married

• the celebrant

• two witnesses over 18

Your celebrant will also give you a ceremonial marriage certificate on the day.

Important little admin goblin: the certificate you receive at the ceremony is not always the same as the official certificate you may need for name change or other legal purposes. If you need an official marriage certificate, you usually apply for it through Births, Deaths and Marriages.

What does your celebrant lodge afterwards?

After the ceremony, your celebrant lodges the required marriage paperwork with the relevant Births, Deaths and Marriages registry. That is part of their job. You do not need to wander into an office with your bouquet and a pen.

What is optional?

The legal requirements are only a small part of a wedding ceremony. These things are optional:

• walking down an aisle

• exchanging personal vows

• exchanging rings

• readings

• rituals

• wedding party

• music

• first kiss

• signing table styling

• being announced

• having guests

• having a big ceremony at all

You can have a full personalised ceremony, a micro wedding or a legals-only marriage. The legal requirements stay the same, but the ceremony around them can look very different.

Final thought

The legal side of getting married in Australia is important, but it does not need to be overwhelming. A good celebrant will guide you through the paperwork, explain what needs to happen, make sure the legal wording is included and help the whole thing feel far more human than a government form. If you want the legal bits handled properly without turning your wedding into an admin seminar, come and have a look at my celebrant services.

FAQ

How soon before my wedding do I need to lodge the Notice of Intended Marriage?

You usually need to give your Notice of Intended Marriage to your celebrant at least one month before the wedding and no more than 18 months before the wedding.

Do I need two witnesses to get married in Australia?

Yes. You need two witnesses who are over 18 to sign the marriage documents.

Can a friend legally marry us in Australia?

Only if they are an authorised celebrant or otherwise authorised to solemnise marriages. A friend can still be involved in the ceremony, but they cannot do the legal marriage part unless they are authorised.