Before a ceremony can be performed and a marriage recognised in Australia a number of requirements that must be met. To help you prepare for your wedding a few pointers are below on what you can expect and how you can prepare for your ceremony.
Getting Married
Getting Married
There are certain legal requirements met for a marriage to be legally recognised and registered in Australia.
The Process
To ensure the validity of your marriage it is important to ensure all the details are correct and the process followed accurately.
- The ceremony must:
- Be in the presence of a Registered Celebrant.
Marriage in Australia can take place between a man and a woman, who are both at least eighteen(18) years of age. - The marriage can be celebrated at any location within Australian recognised states and territories.
- Be in the presence of at least two witnesses who are over 18 and capable of understanding the nature of the ceremony.
They need not be members of the bridal party and may be in the general assembly of guests. - Guests and witnesses must be able to hear and understand the vows of the couple in the wedding ceremony,
It is a good idea to exchange addresses and keep the names and addresses of your witnesses with your marriage certificate. - The current Marriage Act requires that a Notice Of Intended Marriage MUST be lodged with the solemnizing celebrant a MINIMUM of one calendar month plus one day before your marriage can take place, and a maximum of eighteen months.
- A person may marry if they are under 18 in certain circumstances.
- Same-Sex couples currently can not be married in Australia under the Marriage Act, however commitment ceremonies can be undertaken, to symbolise the commitment to each other.
The Paperwork
Certain paperwork is required by the celebrant, as required by the Marriage Act, to ascertain the validity of your marriage. This can include the Notice of Intent to Marry and may also include certain identity documents, divorce/annulment or death certificates and other paperwork.
- As your marriage celebrant I am required by law to sight the following documents in their original form – CERTIFIED COPIES CAN NOT BE ACCEPTED
- Original certificate of birth (This may be an Extract or Full Certificate)
- If born overseas and a birth certificate is not obtainable an OVERSEAS Passport (The Australian Government will NOT accept an Australian Passport for this purpose)
- If you have been previously married, the Decree Absolute or Divorce Certificate
- If you are a widow or widower, the Death Certificate of your late spouse
Please note if any certificates are provided in a language that I as your celebrant cannot understand Translation by a registered translator is required and appropriate certificate of translation is required.
The wording
Certain legal wording is required to ensure the validity of your marriage.
Under section 46 of the Marriage Act, a marriage that is to be solemnised by or in the presence of an authorised celebrant who is not a minister of religion of a recognised denomination (this refers to all celebrants authorised by the Commonwealth), the authorised celebrant shall say to the parties, in the presence of the witnesses, the words:
I am duly authorised by law to solemnise 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 a man and a woman to the
exclusion of all others, voluntarily entered into for life
Celebrant required wording - or words to this effect
Section 45(2) sets out the minimum words which must be used by the parties for a non-religious ceremony to be a marriage ceremony. Each party must say to the other, in the presence of the celebrant and the witnesses the words:
I am duly authorised by law to solemnise 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 a man and a woman to the
exclusion of all others, voluntarily entered into for life
Required wording by parties - or words to this effect
It is permissible to add words to this minimum requirement in order to personalise the vows so long as any material added does not contradict the vows. The marriage celebrant must be sure that the minimum words or words to the same effect are included.