FAQ – What are the legal requirements to get married in Australia?

1. What forms do I need to complete?

The Notice of Intended Marriage (NOIM) The NOIM Form is one of the most important forms that you will need to fill out before you can be legally married in Australia. You can download the NOIM Form

This is best completed with your registered marriage celebrant, who will give you guidance on how to complete accurately.

2. Who can witness the NOIM if I am unable to meet my celebrant?

If you cannot complete the NOIM in the presence of your celebrant, it will need to be signed and witnessed by one of the following authorities:

• a Commissioner for Declarations under the Statutory Declarations Act 1959

• a justice of the peace

• a barrister or solicitor

• a legally qualified medical practitioner

• a member of the Australian Federal Police or the police force of a State or Territory.

3. I am Australian however I am overseas till a week before what can I do?

If you are overseas and cannot be back in Australia before the due date of the NOIM, it can be completed and witnessed overseas by one of the following authorities:

• an Australian Diplomatic Officer

• an Australian Consular Officer

• a notary public

• an employee of the Commonwealth authorized under paragraph 3(c) of the Consular Fees Act 1955

• an employee of the Australian Trade Commission authorised under paragraph 3(d) of the Consular Fees Act 1955.

*Please note you will need to provide original copies of identification upon arrival to Australia.

4. When does the NOIM need to be received by the celebrant?

The Notice of Intended Marriage, must be given to your authorised celebrant;

• No earlier than 18 months, before your wedding day.
• No later than 1 month before your wedding day.

5. Do I need to provide any identification along with the NOIM?

Yes, your celebrant is required by law to confirm who you are is accurate. Documentation that helps prove this includes:

• An original birth certificate that states the date and place of birth

• A passport that states date and place of birth

If you are an Australian citizen and have lost your birth certificate or  passport, you would be required to apply for one from Births, Deaths and Marriages and/or the Australian Passport.  

They can do this by sighting any of the following identification:

• a driver’s licence

• a passport

• a Proof of Age/Photo Card

• an Australian citizenship certificate along with another form of photographic evidence.

*The Marriage Act states that your celebrant should not solemnise a marriage until they are satisfied that both parties are indeed who they claim to be.  The celebrant must view original documents prior to your marriage date.

6. The country I was born in, never provided me with a birth certificate, what can I do?

A statutory declaration made by the party or a parent of the party stating that, for reasons specified in the declaration, it is impracticable to obtain such a certificate and stating, to the best of the declarant’s knowledge as accurately as the declarant has been able to ascertain, when and where the party was born.

7. What documents do I need to provide if I have been married before?

You will need to provide evidence of death, nullity or dissolution to you registered celebrant. If you do not have these documents then you will need to obtain them from the relevant Family Courts or BDM’s of the State that’s required.

8. Do I need to be an Australian Citizen or resident to get married in Australia?

There are no requirements to be an Australia citizen or resident to get married in Australia. So yes you can; whether you are planning to live here or simply planning a visit to Australia. You do need to complete the legal proceeding as mentioned in above questions. I do also recommend you to contact your foreign authorities in your country prior to entering into a marriage in Australia. Some overseas countries do not recognise a marriage entered into in Australia as valid unless other requirements, such as the prior granting of permission from that country’s embassy, are fulfilled.

9. What are the wintess requirements for my wedding?

You will require two witnesses to be over the age of 18 to witness your signature on the day of your wedding.

For further information on regulations in Queensland please refer to BDM Qld

For further information on regulations in New South Wales please refer to BDM NSW

I hope I was of some help and feel free to reach out to me at any time. I am here to help every step of the way ensuring your wedding is seamless.