LEGAL REQUIREMENTS

For a marriage to be legal in Australia, I am required to sight certain documents before your marriage can take place. These prove:

(i) the date and place of birth of both parties and

(ii) proof of identity of both parties.

The documents which are commonly produced by both parties to meet these requirements are an original birth certificate or an original birth extract and a driver’s licence or a passport.

There may be other circumstances which require additional documentation to be produced.

ORIGINAL BIRTH CERTIFICATE or original birth extract

This document provides evidence of your date and place of birth according to the register kept by Births Deaths & Marriages.

It also notes the details  of your parents’ names and place/s of birth. This is the prima facie piece of evidence that most couples provide when completing a Notice of Intended Marriage (NOIM).

As your celebrant, I will provide you with this form and complete it with you.

You can have the first section completed in front of another party, but it is preferable to complete the whole form with me.

If one or both parties do not have an original birth certificate or original birth extract, they have the option of producing an Australian or foreign passport instead. If you are an Australian citizen and you do not have a passport, you will be required to obtain an original copy of your birth certificate from Births Deaths & Marriages in the capital city of the State or Territory where you were born.

Birth certificates must be written in English or, if not, a translation by a NAATI (National Accreditation Authority for Translators and Interpreters Ltd.)  translator must be provided to the celebrant.

You can email them at info@naati.com.au or phone them on 1300 557-470.

PASSPORT

Foreign nationals are able to produce their passport as evidence of their date and place of birth as well as their identity.

Since July 2014, Australian citizens have been able to produce a passport in lieu of an original birth certificate as evidence of their date and place of birth as well as their identity.

It's preferable that the passport is current but, if it has expired, the photo must strongly resemble the person who has ownership of the passport. If the passport has been cancelled, it cannot be accepted as evidence of date and place of birth and/or identity.

The passport must be written in English or, if not, a translation by a NAATI accredited translator must be provided.

PHOTOGRAPHIC ID

Driver’s Licence

This document can be produced as evidence of identity and is the evidence that most couples provide when completing a Notice of Intended Marriage document with their celebrant. The photo on this document must strongly resemble the person stating ownership of the licence. This document also provides further confirmation of date of birth and address details.

Proof of Age/Photo Card

This document can be produced as evidence of identity. The photo on this document must strongly resemble the person stating ownership of the card.

Acceptable photo ID cards include Students Identity Cards and Keycard which you can obtain from Australia Post.

Certificate of Australian Citizenship

This document can be produced as evidence of identity as long as it is accompanied by photo identification in the same name such as a driver’s licence, proof of age card or an Australian or overseas passport. 

 

OTHER FORMS

Once the NOIM has been completed and the necessary documents sighted, you will be asked to sign other documents as follows:

Declaration of No Legal Impediment to Marriage

Signed shortly before your marriage, often at your rehearsal, usually one or two weeks beforehand.

This form states that there is no legal reason why you and your partner are not able to marry.

I will supply you with this form and witness your signatures.

CERTIFICATES OF MARRIAGE

I will supply three Certificates of Marriage which you, your two witnesses over the age of 18 and I will sign on your wedding day:

(i)  A Certificate of Marriage known as the couple’s certificate.

This is a decorative certificate which I will present to someone you nominate on your wedding day to hold onto safely for you.

(ii)  An official Certificate of Marriage. I will send the 'hard copy' by registered mail and online copy (through a private and secure portal) to Births Deaths & Marriages, Victoria. 

(iii)  A Certificate of Marriage in my marriage register. All Celebrants are required to keep this record.

 

OTHER DOCUMENTS WHICH YOU MAY NEED TO SHOW ME

Where one or both parties are not yet 18

Both parties to a marriage must be at least 18 years of age when they marry, although a NOIM may be lodged prior to one or both parties turning 18. Only a Judge  empowered to give a “section 12” order can give authority for a marriage to occur if one of the parties is at least 16 but not yet 18. In addition to the court order, it is usually necessary for the party who is under 18 to also obtain the consent of any person whose consent to the marriage is required (usually their parents). Note: the marriage must occur within 3 months of the court order being made. If both parties are not yet 18, they are legally unable to marry. 

PREVIOUS MARRIAGES

Divorce

If divorced, one or both parties are required to provide me with the original of their final divorce papers.

If there has been more than one previous marriage, only the  most recent original of their Decree Absolute is required.

An NOIM can be completed if the Decree Absolute is not yet in your possession but you will need to ensure you have allowed enough time for this to occur prior to your proposed wedding date.

If you can't locate your divorce certificate, contact the Family Court or go to:

https://eservices.comcourts.gov.au/epod_applications/new

Anullments

If your previous marriage was declared null, you are required to provide evidence of nullity.

Death 

If the bride is a widow or the groom is a widower, you are need to provide me with the original of the death certificate of your spouse.

STATUTORY DECLARATIONS

The Marriage Act 1961 requires or permits a statutory declaration to be made in a number of cases.

This form is to be used for all statutory declarations relating to any marriage ceremony conducted by any authorised celebrant.

If one or both parties are unable to provide information or documentation in order to make the NOIM effective, they should provide the authorised celebrant with a statutory declaration as to his or her inability to ascertain the particulars not included in the NOIM, and the reasons for that inability, before the marriage is solemnised.

An example of where this situation may, conceivably, occur is where someone does not have a passport or birth certificate (e.g. they were born in a refugee camp and did not receive a birth certificate.) In such circumstances, a declaration could be made by the party or a parent of the party stating that, for reasons specified in the declaration, it is impracticable to obtain such a certificate or extract and stating, to the best of the declarant’s knowledge and belief and as accurately as the declarant has been able to ascertain, when and where the party was born. 

TRANSLATOR or INTERPRETER

Where it is considered that one or both parties do not understand the English language sufficiently, you will be required by law to obtain the services of an interpreter, not being a party to the marriage, in or in connection with the ceremony, in order that the person/s who are being married understand the vows they are making. The interpreter must be able to meet the requirements set out in section 112 of the Marriage Act and complete a form entitled Certificate of Faithful Performance By Interpreter and hand this to the celebrant after the ceremony. Here is the link to the form.

To make contact with an interpreter from NAATI (National Accreditation Authority for Translators and Interpreters Ltd.), here is the link to their website https://www.naati.com.au/get-in-touch/get-in-touch/ or you can email them at info@naati.com.au or phone them on 1300 557-470.

 

NAMES YOU USE ON YOUR DOCUMENTS

It is important that your celebrant checks the spelling of all names on the documents provided and makes further enquiries if there is any discrepancy. The name registered on an original birth certificate is the name which must be used on all official marriage documents for anyone who has not been married before, even if the person is known by another name or if their name is commonly spelt differently. If the bride-to-be has been married before, the name which must be used on all official marriage documents is the name she currently uses, whether that is the surname she used while she was married or her birth surname if she reverted to that.

Your celebrant must be confident that the documents you have provided are originals and that they represent you accurately.

You can find further information here: 

https://www.ag.gov.au/FamiliesAndMarriage/Marriage/Pages/Getting-married.aspx

and here:

http://www.bdm.vic.gov.au/home/marriages/getting+married/

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