Legal Requirments

My Responsibilities as Your Celebrant

As a legally appointed Civil Marriage Celebrant, and a member of the Association of Australian Marriage Celebrants Inc, I conduct myself and perform my responsibilities in strict accordance with guidelines as set out by the Attorney General. I am committed to ongoing professional development so I may always serve my clients to the best of my ability in accordance with the legal obligations of my profession.

I always act in the best interest of my clients and maintain their privacy and confidentiality at all times. Only information which is essential in allowing me to serve my clients is collected and will only be used for the purpose that it is supplied. No information supplied to me by a client will ever be disclosed, sold or otherwise supplied to a third party, unless required by law.

The day following your wedding, I will lodge the original Certificate of Marriage and other required documents with Births, Deaths and Marriages (BDM) to finalise the legal process on your behalf.

As an authorised Justice of the Peace (JP) I can also verify and certify copies of your legal paperwork.

 

Your Responsibilities

Notice of Intended Marriage

We must complete and lodge a Notice of Intended Marriage (NIM or NOIM) a minimum of one month and one day prior to the date of your wedding. This form will remain active for 18 calendar months from the date of submission.

You can obtain a NIM from me (and under normal circumstances we will complete this together at our first meeting) or you can download it from www.ag.gov.au/celebrants. Please follow the instructions on the form carefully to ensure it is completed correctly.

Official Documentation

When lodging a NIM, you will each need to present:

  • If born in Australia - your Birth Certificate (original or an extract from an official register)
  • If born outside of Australia - your Birth Certificate or foreign passport
  • If you are divorced - your Decree Absolute
  • If your previous spouse has died - their Death Certificate
  • If you have changed your name - your legal documentation from BDM
  • A document showing your father's name and mother's maiden name.

Please note:

  • Any document originally in a foreign language must be translated into English and verified by a suitable authority. As I am fluent in Farsi (the Persian language) I do not need a translation of documents in that language.
  • If you are from overseas and can not access your documents, or it is impractical to obtain such documents (or extracts of), and you have tried all avenues including your country's Embassy, then you can lodge a Statutory Declaration to seek exemption, which I can assist you with.

Shortening the Minimum Notice Time

You may shorten the minimum notice time for a marriage to less than one month and one day under special circumstances. You will need to request an approval from a Prescribed Authority (usually your Local Court or Registry Official) and prove one of the five following conditions:

  1. Employment related or other travel commitments
  2. Wedding arrangements or religious considerations
  3. Medical reasons
  4. Legal proceedings 
  5. Error in giving notice.

Age Requirements

  • You must both be 18 years of age or older to marry.
  • If you are older than 16 years of age but not yet 18, you must obtain parental consent and apply to a Judge/Magistrate for an order authorising you to marry a person of marriageable age in exceptional circumstances.

Form 14 Declaration

Before the wedding day, both of you must sign a declaration stating that you believe there is no legal impediment to the marriage between yourself and your partner.

Witnesses

On the day of your wedding you must have two witnesses over the age of 18 to witness and sign the Marriage Register and Certificate of Marriage.

Useful Contacts

If born within Australia you can obtain a copy of your Birth Certificate from the State you were born in, as well as a Death Certificate of a former spouse, from the BDM State Registry Office.

www.bdm.nsw.gov.au

NSW: GPO 30 Sydney NSW 2001

ACT: GPO Box 788 Canberra ACT 2601

QLD: PO Box 188 Albert St., Brisbane QLD 4002

VIC: PO Box 4332 Melbourne VIC 3001

SA: GPO Box 1351, Adelaide SA 5001

WA: PO Box 7720, Cloisters Square WA 6850

NT: PO Box 3021 NT9

If you have divorced and need a copy of your Divorce Certificate or Decree Absolute, it can be obtained from the Family Law Court in the State in which the marriage was dissolved.

 

Can overseas couples marry in Australia?

Yes, overseas visitors may be married in Australia and be recognised with the same rights and responsibilities as Australian residents.

You must go through the required legal process (see Legal Requirements) and one of you must complete a Notice of Intended Marriage.

If you or your fiance wish to enter Australia under a Prospective Marriage Plan, I can assist you with the paperwork required by the Consulate/Department of Immigration. Please contact your Immigration Agent regarding other requirements and details.

If you are married in Australia and are a British Commonwealth resident, you will need to obtain a registered copy of your Certificate of Marriage to present to your country of residence, which I can organise for you.

If you are a resident from another country, you will require a registered copy of your Certificate of Marriage plus an Apostil stamp from the Department of Foreign Affairs, so you can register your marriage in your country of residence.