To get married in Australia, a couple have to
1. lodge a notice of intended marriage (in time – generally at least one month before the wedding);
2. provide evidence of self, and marital status;
3. provide evidence of age, or approval to get get married if under 18 years;
4. declare there is no legal impediment to getting married.
The process to get the Legalities started is quite easy. Once the Notice of Intended Marriage form or NOIM is lodged with me (at least one month before the planned wedding date), the rest of the organising the ceremony is even easier. HOWEVER if you have any questions email me immediately. I will respond to your questions and provide information promptly. SO complete page 3, print pages 3 and 4, then get page 4 signed and properly witnessed (by at least one of the couple) then email to me. DONE. Easy Peasy.
The NOTICE OF INTENDED MARRIAGE FORM
You need to complete a ‘Notice of Intended Marriage‘ form (download from this link or supplied by me) at least one month and one day and not more than eighteen months prior to your wedding. Download the ‘Notice of Intended Marriage‘ here. This normally occurs at the first meeting, but it may be scanned and emailed to me after you have completed it correctly (that is had it all witnessed by people authorised to do witness these signatures). The NOIM is valid only from when I receive it (that is the date I get it or have received it as a document by email). It then becomes ‘lodged’ with me to be held till just after your marriage when I then send it to the Births Deaths and Marriages section to register the marriage. If unsure what to do please email me or ring me.
If you are unable to have me witness your signatures (for example if you live outside of Western Australia or a long distance from my office), there is a list of people on page 4 who are authorised to witness your signatures, so you can get a person with that title to witness your signatures. Then scan pages 3 and 4 and email it off to me. Then post it to me by registered mail please. Remember to keep a copy of pages 3 and 4. Once I receive the email it is considered ‘lodged’ and I will confirm this by reply email.
Note 1: Get the NOIM sorted as soon as you can. Once it is lodged the other legal aspects generally fall into place relatively easily and I will guide you all the way.
Note 2: Commissioners of Declaration are no longer recognised or registered in Western Australia.
Note 3: it may not be possible for both parties to sign the NOIM together before it is lodged. So if you are running out of time, one party may complete the NOIM as much as possible, get it properly witnessed then to Graham as soon as possible. The other party can then sign when we meet up later. This may apply if one or both parties are apart from each other such as – armed forces personnel, fly in / fly out workers, spouse / fiancée visa applicants, and so on.
Note 4: There is no such thing as Marriage Licence in Australia. You simply need to lodge the Notice of Intended Marriage form with me at least one month before you get married.
EVIDENCE REQUIRED TO GET MARRIED IN AUSTRALIA
Evidence must be sighted by myself to identify yourself and prove your marital status. I need to sight these original (not photocopy) documents prior to the marriage must be as follows but if you are worried you don’t what is needed contact me (Graham) as soon as possible.
Been Married before? I need to sight the court ruling of Divorce Certificate or Nullity Certificate , or Death Certificate of spouse.
Never been married before? I don’t need to sight anything for this.
Identification = A valid passport is sufficient. OR a birth certificate and drivers licence (or other photo ID)
Under 18 years? If one of the party is under 18 years at the time the wedding ceremony is to take place (the other party has to be over 18 years) Briefly they require the above information AND parent permission AND a court order but please contact me for the requirements in full.
I need to sight these original documents prior to the wedding. IT IS PREFERABLE if you can have them at the first meeting that we have so it is all taken care of, but if you can’t I can see them anytime between when the NOIM is lodged and the wedding. I also may ask couples if they could give me a photocopy as well that I keep until after the wedding is registered.
Trouble Providing Official Documents? If you cannot provide (and believe you cannot obtain) the documents listed above talk to Graham about the possibility of a Statutory Declaration to declare that you can’t get the birth certificate and this may suffice eg if you had to flee you birth country, records have been destroyed, you are in protection, etc.
Divorce Certificates: Caution. If you are waiting for a decree absolute (divorce) from the Family Court in your state, do not rely upon it to be posted to you by set dates. The Certificate of Divorce must be used at least the day after it was issued. It cannot be used on the day it was issued, for the wedding ceremony. It must be at least one day old. Note, I believe that these Divorce Certificates are issued at no charge by the Family Court in Western Australia. The very friendly staff at the WA Family Court are very helpful and can provide these with reasonably short notice if you need the certificate. If you have been married more than once previously, I only need to sight evidence of how the last marriage ended.
Interpreters. Interpreters are required at weddings where one or more Bride/Groom OR witness/es does not speak or understand the English language well at all. The aim of the ceremony is for the Parties getting married and witnesses to understand all the words included, in context. An interpreter is person can be a friend or family member, does not have to be an official interpreter. The interpreter must be a competent speaker in English and the other language spoken in the ceremony. The interpreter is to interpret from English into the other language, and from the other language into English. The interpreter will be asked to sign a statutory declaration to say that he/she faithfully translated the ceremony.
If any of the documents are in a foreign language then – official translations into English may be required. Currently in Australia the only persons who can do this are those registered with the National Accreditation Authority for Translators. Tel: 1300 557 470, email them at info@naati.com.au or check out their website at www.naati.com.au .
Changed Your Name? If you have changed your name by deed poll or officially through the Department of Births Deaths and Marriages, but not just through a (previous marriage), then I need to sight this official document as well.
Statutory Declaration. You need to complete a Declaration, which I will have typed out, in my presence prior to your wedding, declaring there is no legal impediment to your marriage with your partner / fiancee. I organise this for you, so don’t worry about this – it is part of the legal bits that I do. (This is generally signed at the rehearsal)
No Frills (Just want the Certificate) Wedding. If you are considering having a wedding at the Marriage Registry or a Marriage Office RECONSIDER. Have a look at this proposal. I provide a professional celebrant service but at a time and location of your choosing cheaper, Guaranteed.
Witnesses. At your ceremony, there must be two official witnesses who have attained the age of eighteen years and can understand the ceremony wording. The full names of your witnesses need to be furnished to me prior to your ceremony for inclusion on the official Certificate of Marriage which is forwarded by me to the Register-General of Births, Deaths and Marriages to register your marriage. Witnesses may be family members or friends. Interpreters may be witnesses also. They must not be anebriated, stoned or demented and over 18 years of age.
Age Requirements. In Australia a person who is over 16 years may marry another person over 18 years, but the person under 18 years must
1. get parental permission, AND
2. get permission from a court
before the marriage may be approved and go ahead. Only one of the couple may be under 18 years of age – absolutely!
CHANGE OF NAME
Some women (mostly) who marry choose to change their surname to their spouse’s surname. A spouse is the married partner of another. This is done as a matter of custom and not of law. A formal Change of Name conducted at the Registry is not required if you wish to take your spouse’s name.
A standard Marriage Certificate that Graham gives to you on the day is usually not sufficient evidence to have personal documentation, such as your driver’s licence and passport changed to your married surname.
All presentation marriage certificates (the one presented to you on the day) issued since September 1, 2005 are issued by the Attorney General’s Department (via the person authorised to marry people) and it has a registration number on it. This registration number can be tracked back to the person who issued the Certificate through the Attorney General’s Department. These ‘new’ certificates are LEGAL documents and are increasingly used to prove that a marriage took place on the day and place on the certificate. However this certificate DOES NOT HAVE the registration number of the marriage on it. So you will probably need to apply for a
Registered copy of the Marriage certificate from the Registry of Births, Deaths and Marriages (in the state you got married in) after the wedding.
Some people however do wish to formally change their name. It’s simply a matter of choice. If you decide to change your surname to your spouse’s name the Government Departments and the Passport Office need to view your official registered copy of the Marriage Certificate issued by the Department of Births Deaths & Marriages. Generally the Certificate of Marriage that Celebrants issued (before September 1, 2005) is not adequate (as it has no registration Number on it).
There is no legal requirement for you to change your surname officially if you wish to:
assume your partner’s surname following marriage
combine your surnames with your partner (with or without a hyphen)
return to your maiden name
resume a former married surname
return to a previous legal name which has been formally registered
You do not need to register a formal change of name if the change falls within one of the above categories. Your marriage certificate is sufficient proof of your change of name and there may be occasions in which you will also need to produce your birth certificate and documents showing your (previous) formal change of name as verification. (2006)
Fees
I ask for a non refundable Booking Fee must be paid to book me as a celebrant, and that confirms the date and time of the Civil Marriage and the completion (if possible) of the Notice of Intended Marriage, with the balance to be paid no later than two weeks prior to the wedding ceremony. The fee is non refundable if the marriage does not take place.
For scale of fee guidelines see the HOME PAGE which has these outlined.
SHORTENING OF TIME (to lodge the NOIM)
Shortening of time notice (info from the Attorney General’s office). Can’t wait one month and one day to get married?
Section 42 of the Act provides that, prior to a marriage taking place a Notice of Intended Marriage (NOIM) must be given by the couple and received by the authorised celebrant solemnizing the marriage. That notice must be given not earlier than 18 months before the date of the marriage and not later than one month before the date of the marriage. In other words, the authorised celebrant must receive the NOIM at least one month, and no more than 18 months, before the wedding date.
Situations arise from time to time when a couple will approach a celebrant seeking to be married with less than a month available to give the required notice. In many cases there will be a legitimate reason for this and so it is provided for in the Marriage Act 1961 and the Marriage Regulations 1963.
Prescribed authorities (usually staff of the Local Courts or Registry officials) can shorten the required period of notice if they are satisfied that circumstances prescribed in the regulations are met.
There are the five categories of circumstances set out in the regulations. These are:
Employment related or other travel commitments,
Wedding or celebration arrangements, or religious considerations,
Medical reasons,
Legal proceedings,
Error in giving notice.
The reason for seeking a shortening of time for notice MUST fall within one of the categories before an application can be considered. There is no capacity to grant shortening of time outside these circumstances. Shortening of time is not automatic. When making a decision the Department of Births, Deaths and Marriages (BDM) or prescribed authority will weigh up the information provided in support of the application and may seek additional information as outlined in the regulations.
If in doubt, ring Births, Deaths and Marriages WA today (right now) on 9264 1555, and discuss it with them today. Poste Haste!!
Only a prescribed authority has the power to shorten this time and he or she must be satisfied that the particular circumstances justify doing so. Generally this is the Department of Births, Deaths and Marriages. I as an Authorised Marriage Celebrant, can assist you in applying to have a shortening of time for the Notice of Intended Marriage. Shortening of time is not commonly or lightly granted, and must be supported by appropriate evidence or reasons. For example, if one party to the marriage has a member of the family become seriously or terminally ill a doctor’s note may be sufficient to request this reduction in wait time.
If you have simply forgotten or were unaware of the need for the Notice of Intended Marriage this may not generally a good enough reason to be able to apply for reduction in time to marry.
APOSTILLES
If you get married here in Perth and need an Apostille for when you return home outside of Australia, you may need an Apostille (or some other form of authentification eg for China, Vietnam or many Middle East countries) that you were married here in Australia. You will then need to obtain an official certificate from the Births Deaths and Marriages (I can assist with this for you when I marry you and send the forms in for registration of the marriage). Once you have this then you can get your apostille from http://www.wa.dfat.gov.au/legal.html
AT LONG LAST THERE IS MARRIAGE EQUALITY IN AUSTRALIA
As from 09 December 2017 any two people may get married according to law in Australia. Both parties must provide evidence that they are who they say they are (ID) and that they are free to marry (no legal impediment to get married). That is they must be of marriageable age, and not be married on the date they get married. These regulations have been around for ever and you will find more details on this page above.
So contact me now to get to have an obligation free meeting to discuss your wedding arrangements.
OTHER ARRANGEMENTS – words of advice
1. Start time for the ceremony – This is agreed to at the first meeting or the first confirmation of services.
There is a common call that I hear at weddings that it is traditional for brides to be late. I ask that the bride and groom arrange for their guests to be at the ceremony location about 30 minutes before the agreed start time. This has a many benefits – the guests are there when the ceremony starts (few latecomers who get lost or have trouble parking can be there for the start) AND the Bride can be there at the wedding ceremony at our agreed start time, but be fashionably late for all the guests. So I ask all my couples to put on their invites something like “Please be at the ceremony location by hh.mm” on the date of the wedding. This does not say the start time may be 30 minutes later. In this manner the start time everyone is happy.
The reason for this is that I may have another wedding after yours (and I allow plenty of time between these). I discuss this with you on the first meeting as well.
2. Photographers – I conduct many weddings where people choose well meaning family or friends. If they are to take photo’s at your wedding they need to realise that these are the only shots you can get, and they need to last a lifetime. Many a time I have been requested by the Bride and Groom after the wedding to have my photo/s that I take at the end as theirs turned out with shadows , too dark, not formal enough. Many photographers are available for short periods of time and you can negotiate the service. Remember PHOTO’s LAST A LIFETIME.
My suggestion – use a professional photographer – at least for the ceremony and immediately (may be one or two hours) after for family and Group photo’s. At least this way you will be assured of good quality photos even if the others are not so crash hot.