Legal Requirements

What documents do I need to produce to get married in Australia?

• Notice of Intended Marriage (NOIM)
• Original Birth Certificates or certified copies (if born in Australia) or;
• International Passport (if you were born outside of Australia)
• Original Decree Absolute - also known as Divorce Certificate (if you have been married before and divorced)
• Death Certificate of previous spouse (if you have been widowed)
• Proof of Name Change (if you have legally changed your name)

What is the ‘Notice Of Intended Marriage’ (NOIM) Form 13?

The Notice of Intended Marriage (also known as Form 13) is an official Australian Government Form which must be completed and signed by both parties intending to marry. The document must be signed before an authorised witness (see below). The completed and signed NOIM must be forwarded to me at least one month and one day prior to your wedding day.

You can download the NOIM by clicking here.

If you live locally or will be visiting Port Douglas more than a month prior to your wedding, each of the persons intending to marry must complete their sections but do not sign or date until you see me. I will act as your authorised witness.

If you live elsewhere in Australia, this form can be signed by each of the persons intending to marry, and witnessed by one of the following:

• An Authorised Marriage Celebrant
• A Commissioner for Declarations
• An Australian Justice of the Peace
• An Australian Barrister or Solicitor
• An Australian legally qualified medical practitioner
• A member of the Australian Federal or State/Territory Police

If living outside Australia, this form can be signed by each of the parties intending to marry, and must be witnessed by one of the following:

• An Australian Diplomatic Officer
• An Australian Consular Officer
• Employee of the Commonwealth authorised under Paragraph 3 (c) of the Consular Fees Act 1955
• A Notary Public

When do we need to show you the legal documents?

It is advisable to photocopy all the necessary documentation and have it certified by the person witnessing your signatures on the NOIM and send to me by registered or express mail with the completed and signed "Notice of Intended Marriage" Form so that I have everything one month and one day (but hopefully much sooner) prior to your ceremony - that way you won't need to remember to bring the originals with you! Couples coming from overseas are advised to fax or email copies of all the documents and bring the originals with you to be viewed prior to your ceremony (the pre-ceremony meeting is a good time to do this).

Please note: If the original paperwork (or certified copies of) is not sighted by me or in order then I am (for legal reasons) unable to officiate your marriage.

What age can we legally be married?

At least one of you must be over 18. If one person is under 18, they must be over 16 and seek special approval from the Courts. Contact the Attorney General's Office in Canberra on (02) 6234 4800 for further information.

Is it possible to get married sooner than the required one month and one day notification?

There is a provision for a Shortening of Time. You will need to be able to provide proof that there are legitimate reasons for the shortening. Contact the Registrar of Births, Deaths and Marriages in your capital city for more information.

What if both parties can't sign the NOIM?

If a party to an intended marriage cannot conveniently sign this notice at the time, the other party may sign the notice and give to me. However in this case, the party who has not signed the notice must sign it, in my presence, before the marriage is solemnised.

How long will it take to register our marriage?

The Queensland Registrar of Births, Deaths and Marriages estimates a waiting period of approximately 6 - 8 weeks after they have received the paperwork. Your paperwork will be lodged by me no more than seven days after your ceremony. There is provision to pay a priority fee to gain access to your official certificate earlier if needed however the Registrar requires proof that there is a legitimate reason for this.

What if my documentation is in a language other than English?

If any of the documentation are in a language other than English, it will be your responsibility to ensure they are officially translated and authorised by a person who is a legally recognised translator. A translator can be found by contacting the Australian or English Embassy in your country of residence.

I was born in Australia but I cannot find my Birth Certificate. Will my Passport be sufficient?

No. If you were born in Australia you must use your original birth certificate (or a certified copy). To obtain an original contact the Registrar for Births, Deaths and Marriages in the state you were born in.

I can't find my Birth Certificate. Will a Birth Extract be sufficient?

Yes however there may be times in the future you will need your full birth certificate so if time permits I recommend you obtain a copy by contacting the Registrar for Births, Deaths and Marriages in the state you were born in.

We can't find our birth certificates. Will our Australian passports be adequate?

No. If born in Australia you must produce your original birth certificate or a certified copy. Contact the Registrar of Births, Deaths and Marriages in the state of your birth to organise a copy of your birth certificate.

I was born overseas but moved to Australia when I was young. I no longer have a Passport or Birth Certificate from my country of birth. What should I do?

If you have your original birth certificate (or a certified copy) from the country of your birth this will be fine. If it is not written in English then you will need to have the document professionally translated. Should you not be able to produce a birth certificate or passport from your country of origin you will need to sign a Statutory Declaration prepared by me (there is a small fee for this) and provide to me an original or certified copy of your Australian Citizenship Certificate and Australian Passport. Contact the Celebrants Section of the Attorney General's office on (02) 6250 6496 for more information.

If we have already produced original or certified copies of our Birth Certificates, Divorce papers and/or Death Certificates of former spouses, do we need to provide them again on our wedding day?

No, the original (or certified copies of) documents need only to be sighted by me once. If I have only seen photocopies of the originals then you must bring those originals with you (best to do this a day or two prior to the ceremony as you will have many other distractions on your big day).