The Legal Side of Getting Married in Australia: What You Need to Know

Getting married is such an exciting time, but I know that the legal side of things can feel a little overwhelming. The good news? It’s actually a pretty straightforward process, and I’ll be here to guide you through it every step of the way. Here’s everything you need to know about the legal requirements for getting married in Australia.

Who Can Get Married in Australia?

Before anything else, you’ll need to make sure you meet the legal requirements to marry in Australia. First and foremost, both of you must be at least 18 years old, and of course, you can’t already be married to someone else. You’ll also need to give at least one month’s notice before your wedding day by lodging a Notice of Intended Marriage (NOIM) form with me.

The best part? You don’t need to be an Australian citizen or resident to get married here, so if you’re planning a destination wedding in beautiful North Queensland, you’re good to go!

What Paperwork Do You Need?

One of the most important documents you’ll need to complete is the Notice of Intended Marriage (NOIM). This form needs to be submitted at least one month before your wedding day, but it’s valid for up to 18 months, so you can get it sorted early. You’ll also need to provide proof of identity and age, which can be either a passport or a birth certificate with photo ID (like a driver’s licence).

If either of you has been married before, you’ll also need to provide either divorce papers or a death certificate to confirm you’re legally free to remarry. Once all of that is taken care of, you can focus on the fun stuff—like choosing your vows and getting excited for the big day!

What Has to Be Said During the Ceremony?

Your wedding ceremony can be as fun, emotional, or unique as you want it to be, but there are a couple of legal phrases that must be included.

As your celebrant, I’ll need to say:

“I am duly authorised by law to solemnise marriages according to the laws of Australia. 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.”

And then, each of you will need to say:

“I call upon the persons here present to witness that I, [Your Name], take you, [Partner’s Name], to be my lawful wedded [husband/wife/spouse].

That’s the only required wording, which means you can personalise the rest of your vows however you like! If writing vows feels a bit daunting, I can help guide you through the process.

Who Can Be Your Witnesses?

Every wedding needs two witnesses, and they must be at least 18 years old. Your witnesses don’t have to be family or part of your bridal party—they can be anyone you trust to be part of your special moment. If you’re eloping and don’t have witnesses, I can help arrange some for you!

What Happens After the Wedding?

Once your ceremony is over, there are just a few final steps to make everything official. On the day, you, your partner, your witnesses, and I will sign three copies of your marriage certificate. You’ll get a ceremonial certificate, which is a beautiful keepsake but isn’t the legal document you’ll need for things like changing your name.

I’ll then lodge all your paperwork with Births, Deaths, and Marriages, making sure everything is correctly processed. If you’d like me to, I can also order your official marriage certificate for you, so you don’t have to worry about a thing.

How Long Does It Take to Get Your Official Marriage Certificate?

The processing time for your official marriage certificate depends on the state you’re married in. In Queensland, New South Wales, and Victoria, it usually takes around 2-4 weeks, while in WA, SA, TAS, NT, and the ACT, it can take 3-6 weeks. If you need it urgently, you can request priority processing, but there’s an extra fee for that.

When Should You Book Your Celebrant?

To make sure everything runs smoothly, it’s best to book your celebrant as early as possible—6-12 months in advance is ideal, especially if you’re planning a wedding in peak season. The most important thing to remember is that your NOIM must be lodged at least one month before your wedding, so make sure we’ve connected well before then! If your wedding is coming up quickly, get in touch and I’ll see if we can make it happen.

Let’s Make It Official!

The legal side of getting married in Australia doesn’t have to be stressful—with the right celebrant, it’s actually a really simple process. From handling all the paperwork to making sure your ceremony feels authentic and meaningful, I’ll be there to guide you every step of the way.

If you’re looking for a wedding celebrant in Townsville who will make the process easy, fun, and stress-free, get in touch today! I’d love to be part of your big day.