Steps To Get Married In Australia
Updated: 1 day ago
If you are planning to get married in Australia these are the essential legal steps you need to be prepared for.
So, you are getting married in Australia. Your list of 'to do's' is long and you are probably wondering where to start. Well, as the ultimate goal is to get married, let's take a moment to run through the steps that will get you legally married in Australia. Crazy idea I know, because most of the time the inspirations and tips are about trends, colours, aesthetics and other things that are just the dressing of the day. Hopefully, this will answer some of your immediate questions, maybe it might give you some information you didn't know that changes what you prioritise for your next decision and perhaps this may even put your mind at ease.
Getting married can be a stressful process but it doesn't need to be. It is actually quite a simple process to legally wed in Australia. In its simplest form what is required is the consenting couple, two witnesses over the age of 18 and a registered civil celebrant, like me! The process can be quite quick, it can literally be over in 10 minutes with a legals only ceremony* or it can be a 20-30 ceremony incorporating your love story, personalised elements and maybe even some mini ceremonies or rituals like a hand fast, toast or ring warming. In short, it can be simple and straightforward or a fairytale extravaganza or something in between, it is up to the two of you. For now, let's step back and focus on the simplicity of getting married in Australia, the legal stuff that actually mean you are married, because that is the ultimate goal right?! So, allow me to run you through the legal steps required to get married in this beautiful country.
The First Piece of Legal Paperwork: Notice of Intended Marriage or NOIM
The NOIM or Notice of Intended Marriage is the first piece of legal paperwork required to get married in Australia. It is the written notice that you want to get married. It has to be completed by the couple wanting to marry, and it must be witnessed by an authorised witness. In Australia, authorised witnesses are: a registered civil celebrant (like me!), a justice of the peace, a barrister or solicitor, a medical practitioner, a member of the federal, state or territory police. If you are overseas, an authorised witness is different and the easiest way to access an authorised witness for the purpose of marrying in Australia is via the Australian Embassy, the Australian Consulate or a Notary Public (including online Notary Public Services).
When completing the NOIM you will both be required to show a form of photo identification to confirm your identity. Choices for identification to use are current passport, current drivers’ licence, 18+ card or similar. To complete the form you both fill in the first page which captures your personal details like full legal name, date of birth, place of birth and your parents' names (if known) etc. You then have your signatures witnessed by an authorised witness (listed above and here) and send the completed form to your celebrant to lodge.
Lodging your NOIM with your celebrant sounds more involved than it is. You simply provide the completed NOIM to your celebrant either as a scanned attachment via email, if time permits you can mail it to them or give them the original copy at your first meeting. It is important to be aware that your NOIM is lodged when your celebrant has received it, so keep this in mind when you choose how to get it to your celebrant as it impacts the earliest date you can be married.
TIP 1: Make sure you have correctly completed the first page and had your signatures witnessed by an authorised witness. Your NOIM can't be lodged if it isn't completed correctly. If you are filling the forms without your celebrant, it is best to fill it out BLOCK letters using BLACK pen or by using the dynamic PDF version to ensure everything is legible. There are several things required for this form to be completed correctly.
Details of the Couple: full name, address, place of birth, marital status (married, divorced, never married)
Details of the Parents: full name and name at birth, place of birth
The Couples Signature witnessed by an authorised witness
Lodging your NOIM is the most important step in your pre-ceremony planning because it determines the earliest date you can LEGALLY marry. Don't under-estimate how important this step is in your planning process. It must happen at least one calendar month prior to your wedding date. Again (because it is so important), your NOIM must be lodged no less than one calendar month prior to your selected ceremony date. For more on this go to my blog all about the NOIM. And, if you are wondering, yes it can be completed and lodged in advance. Your NOIM can be lodged up to 18 months in advance of your chosen wedding date.
TIP 2: You can lodge your NOIM with just one of your signatures witnessed. The second signature can be lodged separately; it can even be witnessed by your celebrant prior to conducting your ceremony. This can be done at any time including on the day of your wedding, but it must be before the ceremony and before signing the Declaration of No Impediment which is the second piece of legal paperwork.
Once your celebrant has received your NOIM it is lodged. They will arrange a time to complete your identity check with each of you prior to the ceremony. This will require you both to present photo identification as well as proof of your place and date of birth. You can use passport, drivers' licence, 18+ card or similar for your photo ID, and your birth certificate and/or passport for proof of place and date of birth. And, if either of you have been married previously you will need to show evidence of the legal end of that marriage in the form of a divorce or death certificate.
TIP 3: You can still use your passport if it is expired as long as it has not been cancelled.
TIP 4: If any of your documents require translation this needs to happen prior to the ID check and must be completed by a certified translator.
The easiest way to complete your NOIM is with a celebrant, like me. As a celebrant, I can witness your signatures as well as check your identification in one meeting. Generally, we will do this on our kick-off video call or meeting once you have booked and paid your deposit. One advantage of completing the NOIM with me as a celebrant is I can witness your signatures, complete your ID check and preorder your official marriage certificate in the one meeting, and we can do it online or in-person.
For more detail on the notice of intended marriage or NOIM you can read more here.
Before we go further, a note on Shortening of Time. In specific circumstances couples may be able to apply for a Shortening of Time which enables them to marry sooner than the one calendar month minimum requirement for the NOIM. The criteria for applications for a Shortening of Time are VERY specific. Each state handles the applications for these requests differently, so it is best to speak to your celebrant about the process in your state. In all cases you will still need to have completed the NOIM and lodged it with your celebrant before an application for Shortening of Time can be made.
In Queensland, there are 5 categories for exceptions to the NOIM rules that may be considered:
employment-related or other travel commitments
wedding or celebration arrangements
medical reasons
legal proceedings
error in giving notice (this is specific to the celebrants error not the couple)
To apply for Shortening of Time, your celebrant will submit the application on your behalf to the Registry of Births, Deaths and Marriages for approval. There is a fee which you will have to pay for the application and it is important to note, that the application must be accompanied with evidence to support the special circumstances you are asking to be considered.
The decision is made by the Department of Births, Deaths and Marriages, it does not involve your celebrant and your celebrant has no influence or control over the process or decision. It is important to note that requests are not always approved. Speak to your celebrant for more on this if you are considering an application of Shortening of Time.
Key Points on Your NOIM:
It determines the earliest date you can legally marry. AKA it is very important!
It must be lodged with your celebrant NO LESS than one calendar month before your chosen wedding date.
You can lodge it up to 18 months prior to your selected wedding date.
Your signatures must be witnessed by an authorised witness prior to lodging it.
Authorised witnesses vary depending on if you are in Australia or overseas.
To lodge your NOIM you send the completed paperwork to your celebrant.
Your celebrant can witness your signatures.
Your celebrant can witness your signature remotely via video call if you are in Australia.
You can lodge your NOIM with just one witnessed signature. The second party must sign in front of an authorised witness prior to the ceremony. This can be done by your celebrant.
Your NOIM is lodged once your celebrant has received the correctly completed paperwork.
In some instances couples can apply for a Shortening of Time. The criteria is very specific. Speak to your celebrant to find out more about this process.
You can download the NOIM from Notice of Intended Marriage | Attorney-General's Department.
The Second Piece of Legal Paperwork, The Declaration of No Impediment
The day before or on the day of the ceremony you will both need to sign a Declaration of No Impediment or DNI which is a legal document confirming there is nothing legally stopping you from going ahead with the marriage ceremony and getting married to each other. It is a Statutory Declaration, by signing it you confirm what you have shared; your details, your ID, your marital status etc all of the details captured on the NOIM are accurate and true. It is also your statement of consent.
The ceremony itself no longer has to include any statement of consent or asking, the traditional 'I Do' questions are purely symbolic and guests are not invited to object at any point of a modern marriage ceremony in Australia, this is all covered off with each of you during the signing of the DNI. These old traditions are now just in the movies which is why this piece of paperwork is so important.
In your one-to-one meeting with your celebrant to sign your DNI, they will ask you to confirm things like your marriage status, that your details listed on the paperwork are accurate and if you are freely consenting to marry the other person listed on the paperwork. This is all about establishing that you both understand what you are about to do (i.e get married to each other), that you are doing so freely without reservation or coercion and that there are no legal impediments that would stop you from being able to marry each other.
This is an important legal step for each of you, and your celebrant because as it is their job to ensure that you are both able to legally marry AND that you are choosing to legally marry each other. If your celebrant gets this wrong there are fines and the risk of jail time, this is after all a legal process. While this step is legally significant and robust, it is a quick process that is done either during the rehearsal, at the final meeting or on the day before the ceremony begins. Personally, I like complete this with my couples either at their rehearsal or on the day of the ceremony itself so we can chat through any other specific logistics and calm any nerves before walking down the aisle.
TIP 5: If your NOIM was lodged with one witnessed signature, this is when we can organise the second person to sign with the celebrant as their witness, that is if it hasn't been completed prior. Also, if for whatever reason there was a piece of ID outstanding from your NOIM, this check can be completed prior to signing your DNI. For example, if your birth certificate had to be ordered, or you were waiting on your divorce certificate to arrive you can present it to your celebrant on the day of the wedding BEFORE you sign the DNI prior to the start of the ceremony. Ideally, we handle these things prior to the day to help keep the level of stress lower for you both, but it is important for you to understand there is some flexibility in when things can be done prior to completing this last piece of legal paperwork before the ceremony starts.
Key Points on Your DNI:
This is the last piece of legal paperwork BEFORE the ceremony.
It is a Statutory Declaration.
It confirms the details you have given in the NOIM are accurate and true.
It confirms you are able to legally marry.
It confirms you are freely consenting to marry each other. (this is why we sign it separately)
You have to sign it separately, with your celebrant as your witness.
It can be signed at the rehearsal or prior to the ceremony on the day of your wedding.
Any outstanding NOIM or ID check elements need to be completed with your celebrant before you sign your DNI, i.e present any outstanding ID elements like proof of the end of previous marriage, photo ID or proof of place/date of birth, complete second witnessed signature on the NOIM lodged with one witnessed signature.
The Legal Elements of Your Marriage Ceremony
Once the above paperwork is completed, all the other legal steps happen during the ceremony, so at a minimum, we just need the two of you, me plus your two witnesses. About your witnesses, you can have anyone be your witnesses as long as they are both aged over 18, can read and understand spoken English and are prepared to sign the legal documents at the end of the ceremony to complete the process.
During the ceremony, there are key things I have to say to ensure the ceremony meets the minimum legal requirements of Australian Law. This includes stating your full names at least once, introducing myself and explaining my qualification as a celebrant. I must also speak the Monitum to you both which is the definition of marriage according to law in Australia and you both need to clearly repeat the legal vow. Once these things have been said in the presence of at least 2 witnesses^ aged 18+ and myself, you are married!
We then record the commitment by signing three pieces of paperwork. Together with your two witnesses, we will sign two copies of the Marriage Certificate and the Commemorative Marriage Certificate** (this is the one you take with you on the day).
Note, if either of you are planning to change your name, you will need to order a copy of your official Marriage Certificate. As mentioned above, I can do this for you during the NOIM process, or you can do it any time after your marriage is registered. To order your copy of the official marriage certificate go to the website of the Birth, Deaths and Marriages in the state your marriage took place, it costs around $67 and it is sent registered post which usually takes two weeks to arrive. You can order an official marriage certificate at any time once your marriage is registered.
TIP 6: The cost of your official certificate costs around $67 (payable to the Department of Births, Deaths and Marriages in the state you were married). This fee is not included in my ceremony fees but can be added on if you would like me to organise it on your behalf so you don't have to worry about that final piece of personal admin on your honeymoon.
Key Points on the Legal Bits of Your Ceremony:
Your full legal names must be used at least once.
Your celebrant must introduce themselves.
Your celebrant must explain their celebrant qualification i.e that they can legally conduct your marriage ceremony.
Your celebrant must speak to you both the legal definition of marriage according to Australian Law, known as the Monitum.
You must both speak the legal vow.
All of the above must be witnessed by 2 witnesses.
Your 2 witnesses must be aged over 18 years, and able to read and understand spoken English.
Your 2 witnesses must be willing to sign the legal paperwork at the end of the ceremony.
So that is it. These are the legal steps to get married in Australia in its most simple form.
The rest is up to you.
If you would like to do a simple, legals-only ceremony, these are the steps we will follow. I offer the option of adding in music, ring exchange and personal vows at no extra cost too.
If you want something more involved, personalised but still relaxed, this is where I get to do even more of what I love. We will discuss your plans, thoughts and ideas at our first meeting. During the NOIM meeting, I will ask you even more questions to help me create a ceremony that feels like the two of you. We will even have a read-through before the big day so you know how it sounds, how it feels, and we can make sure everything you both want is included. And yes, there are other things you can add into the mix like rings, personal vows, guests and other vendors; I am here to help make it happen without overwhelm or additional stress!
In short, as your celebrant, I am here to help make the moment everything you want it to be.
A Couple of Things to Note:
Translations, if either of you don't speak English, aren't confident speaking English or is an Auslan user the ceremony can be conducted with a translator. The translator can be a family member or friend but they must be fluent in both languages and it cannot be either of the parties getting married. For ceremonies conducted alongside a translator there is additional paperwork required which your celebrant will organise with the translator.
The first piece is a Statutory Declaration that the translator must sign before the ceremony confirming their fluency in both languages. This is done before you sign the DNI as the translator will need to be present during the one-to-one meeting with your celebrant so they can translate the meeting instructions, questions and requirements for you to be able to sign the DNI.
The second piece is a Statutory Declaration that the translator must sign at the end of the ceremony, following the signing of the Marriage Certificates to confirm that they have provided a true and faithful translation of the ceremony, including any instructions specific to the ceremony such as document signing.
If translation services are required it is recommended that you have these in place for your first meeting with your celebrant to help you complete the NOIM process and communicate your requirements, plans and vision for the day.
^Your 2 witnesses must be aged over 18 years and be able to read and understand spoken English. They must also be prepared to sign the legal documents at the end of the ceremony.
*A legals only ceremony is where we only say the legal wording required by Australian law and complete the legal paperwork with qualifying witnesses. Read more about this style of wedding here.
**It is important to note that the Commemorative Marriage Certificate is not always suitable for use for legal name change purposes. If either of you is planning on changing your name, you will need a copy of the official Marriage Certificate which can be ordered from the Department of Births, Deaths and Marriages in the state you were married following the registration of your marriage.
***If you don't have two witnesses available on the day I can help find witnesses for you. Your ceremony witnesses need to be over 18 years of age, and to be able to understand as well as read English. They don't need to be related to you or know you, they just need to be willing to sign the legal documents.
Check out my socials to see how I work.
Facebook: @ceremoniesbysacha Instagram: @ceremoniesbysacha
Image by Weddings by Sarah Couturier Photography
How long does it take to get legally married in Australia?
To be able to legally marry in Australia you must first lodge a Notice of Intended Marriage or NOIM with your registered celebrant. Your NOIM must be lodged with your celebrant no less than one calendar month before your wedding date, and it can be lodged up to 18 months in advance. Read more about the Notice of Intended Marriage here. The ceremony itself can be as simple and short as 10 minutes, or it can be 20-30 minutes for a fully personalised ceremony.
Can I get married in Australia if I was born or live overseas?
Yes. You do NOT have to be a resident or citizen to marry in Australia. The requirements are that you submit a Notice of Intended Marriage form at least 1 calendar month (and up to 18 months) before the wedding. The ceremony must be conducted by an Australian registered celebrant carry. There must be 2 witnesses 18 years or older who can read and understand English and be willing to sign the legal paperwork at the end of the ceremony. If either of you don't speak English, aren't confident with English or are an Auslan user there must be an interpreter present at the wedding. Read more about the legal steps to marry in Australia here.
What identification do I need to get married in Australia?
You will both need to provide photo identification such as a drivers license or passport along with proof of your place and date of birth which can be done using an original birth certificate or passport. If either of you have been married before you will be required to show proof of the legal end of that marriage i.e a divorce or death certificate.
What is the NOIM and when does it need to be lodged?
The NOIM is the Notice of Intended Marriage which records the details of the parties wishing to marry, and sets the earliest date they can legally do so. To complete the form you enter your details (full legal name, date of birth, place of birth, occupation, address, parents names, marital status etc), before having your signatures witnessed by an authorised witness. You then send it to your celebrant to lodge it. The NOIM must be lodged no less than one calendar month before your wedding date (or up to 18 months in advance).
Do I need a rehearsal before my wedding ceremony in Australia?
No. A rehearsal is optional. Your celebrant will discuss with you the logistics for the ceremony, the legal elements and arrangements for the ceremony space. This can be done in advance or on the day when you meet them to sign the Declaration of No Impediment prior to the ceremony taking place.
Can we get legally married in Australia before a ceremony overseas?
Yes. A registry-style legals only ceremony takes 10 minutes and is a legal marriage ceremony that many couples choose to have before celebrating their wedding overseas. Couples usually choose to do this to keep things simple due the beaucracy, legal translations, and/or restrictions that exisit in the foreign country they have chosen for their wedding celebrations.
Comments