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Legal Requirements
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Legal Requirements

A pamphlet “Happily Ever… Before and After” is given to any couple intending to marry within Australia.

Australian Law does not permit a marriage if both parties are under the age of 18 years. If only one is under the age of 18, permission may be given with (i) written parental consent on an official form AND (ii) a court order under Sec. 12 of the Marriage Act.

In accordance with the Australian Marriage Act, “The Notice of Intended Marriage” form must be completed and lodged at least ONE CALENDAR MONTH AND ONE DAY prior to the marriage taking place, BUT NO EARLIER THAN 18 MONTHS BEFORE THE WEDDING. A lodgement fee is required.

This Notice must be signed in front me, or any one of these authorised people, in the Australian couples section of the Marriage Act.

  • An Australian Diplomatic Officer
  • An Australian Consular Officer
  • An authorised celebrant
  • A commissioner for Declarations under the Statutory Declarations Act 1959
  • A Justice of the Peace
  • A Barrister or Solicitor
  • A legally qualified Medical Practitioner
  • A member of the Australian Federal Police Force or a Police Force of an Australian State or Territory
  • A Notary Public

Note: Australian citizens living or in transit overseas with these qualifications are acceptable.

You must also provide the necessary personal documentation.  This includes a Certified Birth Certificate or Extract of Birth.  If either party has been previously married, you must also provide documents to establish you eligibility to marry, such as a Death Certificate or Divorce Decree Absolute.  If either party has changed their name by Licence or Deed Poll, the official Change of Name document must also be provided.

Note: For international couples; In order to complete the “Notice of Intended Marriage”, you must fill out all your personal particulars and have your signatures witnessed in front of either one of the following authorised people.

  • An Australian Diplomatic Officer
  • An Australian Consular Officer
  • A Notary Public

You do not need to be in Australia to lodge the Notice

Once the document has been witnessed, return the notice to me before the minimum 1 month and one day Notice Period and no more than 18 months prior to the wedding day.

Once the notice has been duly signed and returned to me it is considered lodged.

Note: you have until your wedding day to produce your birth certificates, divorce papers and death certificates. It would beneficial to all if this is done prior to the day. Failure to comply will result in the postponement of your marriage.

All documents must be in English, or have a certified English translation attached.

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