To get married in Australia means adhering to the laws that have been created around marriage. At the time of publication (December 2017), a legal marriage in Australia is still only between a man and a woman, and must conform to the following rules:
- Neither can be married to someone else
- The person cannot be a parent, grandparent, child, grandchild, brother or sister
- Be at least 18 years of age, unless in unusual circumstances a court approves a marriage where one party is aged between 16 and 18
- Both must understand what it means to be married and give their consent to the marriage
- Specific words must be used during the ceremony
- An authorised celebrant must be advised in writing of the couple’s intention to marry within the required time frame
To get married in Australia, you do not have to be:
- An Australian citizen
- A permanent resident
Paperwork – Notice of Intended Marriage
You must complete this form and give it to your celebrant at least one month prior to your wedding, and no more than 18 months beforehand. If you aren’t sure what goes on the form, ask your celebrant to help you. This form can be completed outside of Australia. If your wedding is less than a month away, an authority may approve a shorter notice in limited circumstances. Your celebrant needs evidence of date and place of birth, your identities, and any previous marriages for each party. A statutory declaration may be signed.
Once you’re married
On your wedding day, you will sign three marriage certificates, with each certificate signed by you, your celebrant, and two witnesses. One of these certificates will be for your records. Your celebrant is required to register your wedding with the registry of births, deaths and marriages in the state or territory it happened in within two weeks. The certificate then issued is required for some official purposes, so apply for a copy of this certificate via the registry after your wedding.
Same-sex marriages
Current Australian laws mean that same-sex marriages from other countries are not recognised, however an amendment was passed by the Senate to be debated. The date of change to allow same-sex marriage has not yet been determined, but is expected shortly. Some states and territories allow registration of same-sex relationships.
Overseas marriages
If you are intending to get married overseas, your marriage cannot be registered in Australia, but in the country you are married. The foreign marriage certificate is then used as evidence of the marriage. Keep this certificate, as it may be difficult to replace. Some marriage certificates may not be suitable for use as evidence of a marriage, which may mean actually getting technically remarried in Australia for legal purposes.
If the marriage was a valid marriage in the other country and would have been recognised as valid under Australian law, then it will be recognised.
Changing your name
If you wish to change your name, this is done separately at your state or territory births, deaths and marriages registry, and is not part of your legal marriage.
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