Q&A - What are the legal requirements to get married?
The legal requirements to get married in Australia are refreshingly minimal. They can be broken down into three mains parts.
Before the wedding
At least 1 month before (but no more than 18 months before) your wedding you need to complete the Notice of Intended Marriage. This is a form that lays out all of your details including details about you and your partner, your places of birth, your current residence, your parents details (if known), and if you’ve been married before, how that marriage ended.
Ahead of your wedding I will also need to see documents that confirm your identity. This is most easily done by seeing your passport. It’s okay if your passport is expired, but it can’t be cancelled. If you’ve been married before I’ll also need to see evidence about how your previous marriage ended.
You will also be given a pamphlet titled “how to be a happily married couple” either in paper or via email, and some information on relationship education. This has a requirement of the government, not a judgement of you and your partner.
On the day
On the day you and your partner need to sober enough to sign legal documents, and have two witnesses that are the same, that are over 18 and can understand the ceremony being preformed.
At your wedding there are 128 legal words that need to be said. This includes
The Celebrant identifying themselves
The Monitum
The legal vow, said by each of the couple.
Once these aspects have been completed the couple, the two witnesses and the Celebrant all sign the marriage paperwork in triplicate. You then keep one of the signed documents and I send off your paperwork to Births Deaths and Marriages in the state that you were married in.
On the day you do not need to use gendered language - there is no requirement to say husband or wife, you can use the term partner in marriage or spouse instead.
After the wedding
There are no legal requirements after the wedding for you to complete. After your wedding you…
Do not need to change your name (but you can if you want to).
Do not need to apply for your certificate (but you can if you want to).
Do not need to tell people you’re married (but you can if you want to).
I’m also super happy to talk through any questions you have. Email me or call me to chat things through.