1. How is the marriage ceremony officially recognised?

Section 42 of the Marriage Act 1961 requires that a marriage is not solemnized unless a Notice of Intended Marriage is given to the celebrant. It can be downloaded from the website www.ag.gov.au or directly here. The celebrant sends the Notice to the Registrar of Births, Deaths and Marriages of the State or Territory in which the marriage takes place after the marriage ceremony. The Registrar uses the information to register the marriage. The Registrar of Births, Deaths and Marriages then sends the Notice to the Australian Bureau of Statistics.

2. When does a Notice of Intended Marriage need to be lodged?

A Notice of Intended Marriage must be lodged at least one full month (one month and one day) and not earlier than 18 months prior to the wedding.

3. What about for a person under 18?

Marriage of any person under 18 years without an order of a judge or magistrate is invalid. Under no circumstances can two persons under 18 years marry each other without this order. The celebrant must sight those consents or dispensations before proceeding with the marriage.

4. What personal documents are required in order to get married?

(a) evidence of the date and place of birth of each party eg original birth certificates; and(b) if a party is divorced or a widow or widower - evidence of that party's divorce, or of the death of that party's spouse. If a party has been divorced in Australia, the celebrant should sight court evidence of the decree upon dissolution of marriage. For marriages dissolved before 1975, a copy of the decree absolute can be obtained from the Supreme Court in the state where the marriage was dissolved.

5. What about a person born overseas?

A person born overseas is required to supply a current birth certificate, and passport issued by a government of an overseas country, showing the date and place of the holder's birth.

6. What needs to be included in the ceremony for a marriage?

The couple has to take their marriage vows as part of the ceremony and be heard to be taking each other as husband and wife by a family member or a best friend. In accordance with the Marriage Act 1961, the reading of the Monitum must be included within the body of the ceremony. The full name of the bride and groom must be mentioned once within the ceremony, usually within the Monitum or within the taking of their vows. Every marriage requires two witnesses who sign the marriage documents after the ceremony. They can be related to you but both must be 18 years or over. The other parts of the ceremony can be flexible eg a witness can do a reading, both parents can give you away as long as you are over 18.

7. What about if we are living interstate or overseas?

Again, the “Notice of Intended Marriage” form must be received one month and one day before your intended marriage date. This needs to be filled out using a black pen and all surnames must be in capital letters. For those born in the United Kingdom, you must state either, England, Scotland or Wales.

A Notice of Intended Marriage form signed outside Australia must be signed in the presence of:

• an Australian Diplomatic Officer;
• an Australian Consular Officer;
• a notary public;
• an employee of the Commonwealth authorised under para 3(c) of the Consular Fees Act 1955;
• an employee of the Australian Trade Commission authorised under para 3(d) of the Consular Fees Act 1955.

8. What if I want religious content in our ceremony?

You may have religious content in a civil ceremony however civil celebrants are not allowed to do it. If you would like a bible reading or prayer, you will need to ask someone else to come forward to present it.

9. Is a Commitment Ceremony recognised as a marriage?

No, a commitment ceremony is not in any way recognised as a marriage. You may like a Commitment Ceremony Certificate presented on the day but it very clearly states that it is not a Marriage Certificate.

10. Are Reaffirmations and Vow Renewals recognised as a marriage?

No, reaffirmations and vow renewal ceremonies are not in any way recognised as a marriage.

11. Do commitment ceremonies have any kind of legal standing?

No.