Text Size
Ask a Celebrant

Legal requirements

PDF Print E-mail

dog_dakota_police_dog_md_clrMarriage laws in Australia are a function of the federal government.

All civil marriage celebrants must be authorised by the Commonwealth Attorney General's Department.

All marriages require a clear month's notice to the celebrant the couple chooses, whether that be a religious or civil celebrant.

Occasionally shortening of time may be granted by a magistrate or registrar in specific extenuating circumstances, but there is no guarantee of this.

The wedding papers you sign on your wedding day, are probably the most important and binding legal documents you will sign through out your lives.

The marriage contract is a legal commitment to respect, care and support for each other and any children of your marriage. The contract covers property rights, custody rights and impacts on inheritance rights.

Hence the Notice Of Intention being received at least a clear month prior to the wedding is considered, by the government, a "cooling off" period so that couples assess the importance of the commitment they are about to enter.

Your ceremony needs to reflect the significance of this occasion.

There are some specific legal requirements for the wording of a marriage ceremony. These are

  • The celebrant must say they are authorised by law to marry you, and give a definition of Marriage according to Australian law
  • You, as the marrying couple, each must call upon the witnesses to witness that you take each other as husband and wife

A Notice of Intended Marriage form, a clear month before the date of your wedding, needs to be lodged with the celebrant you choose - whether the celebrant is a civil or religious one, or one at a registry office or court house.

You must be over the age of 18 years and not legally married to any other person anywhere.

Documents:
To verify this you will need

  • Birth Certificates (if Australian born, essential) or Passports
  • Divorce or Death certificates if you have been married before
These must be Originals or Certified Copies - NOT photocopies Witnesses.

You need two people over the age of 18 to act as your witnesses .

Ceremony Requirements:

There are only a few specific legal requirements for the wording of a marriage ceremony.

Cultural, religious and personal preferences usually determine the rest

Designing your own unique ceremony, one which will reflect the values you both hold - in an appropriate style - is what a Professional Marriage Celebrant will assist you to do.

You may
  • choose your style of wedding traditional, modern, casual, Celtic - short or long -
  • select from yopur celebrant and other wedding planning resources
  • write your own vows, or the whole ceremony if you wish.
It is advisable to listen to your celebrant's advice, as they are the person most likely to have experience in ceremony design and delivery.