If you were ‘married’ overseas it’s important to establish whether your marriage is legally recognised in Australia or if you need to take further steps to get an additional legal marriage registration here.
Read this general guide to help you determine your status and the steps you may need to follow.
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Generally, if your marriage was validly performed in accordance with the laws of the country where the marriage took place and if it was registered with the relevant authorities, it is generally recognized as valid in Australia. There would be no need to register it with an Australian authority such as Births Deaths and Marriages, as you cannot obtain an Australian marriage certificate for a legal overseas marriage.
If your overseas marriage was conducted as a ceremonial or religious ceremony only, and not legally registered in that country, or if it does not meet the criteria to be recognized in Australia, you will need to legally marry in Australia following the legal process as set out in the Marriage Act of 1961. The team at Marriage Victoria can assist you to make this easy for you to do.
At this time, overseas ‘online marriage’ is currently ‘under review’ by the Attorney General’s office in Canberra and could present as having ‘an impediment’ to the legality of the marriage – even though an American marriage certificate would have been issued. If you chose to get married online it is best to seek legal advice as to the validity of your marriage in Australia. If you are currently undertaking any spouse or partner Visa paperwork, online marriage could possibly present challenges to your immigration case.
If you are unsure whether your overseas marriage is legally recognized in Australia, it is advisable to seek legal advice. A legal professional can help clarify your status and guide you on the necessary steps.
How Marriage Victoria Can Assist You
If it turns out that your overseas marriage is not legally recognized in Australia, Marriage Victoria is ready to assist you in getting legally married here.
Get in touch with us to start the process immediately if you wish to get married asap. We will guide you through each step and ensure everything is handled smoothly, efficiently, and above all – legally.
This form must be lodged with us at least one month before your actual wedding date. The NOIM form will remain valid for your future chosen wedding date for 18 months from the lodgement date. As a bonus when lodging with the team at Marriage Victoria, we also offer a further ‘NOIM Renewal and Re-Lodgement Guarantee at No Additional Fee’ if it takes any couple longer than 18 months to organise and book to get married , even if that couple decides to transfer the NOIM to another officiant or marriage location (such as an interstate wedding).
The team at Marriage Victoria will assist you in filling out the form accurately. It should take you only a few minutes to fill out the fields and questions on page 3, and then you need to get the top section of page 4 signed and witnessed.
You will need to sign the NOIM in front of an authorized witness, such as a Celebrant from Marriage Victoria, or a Doctor, a Lawyer, a Justice of the Peace, or a Police Officer.
From mid-June 2024, our team at Marriage Victoria can even offer all individuals based in Australia an online option to get this their NOIM promptly signed/witnessed from the comfort of your own home – on a video call. This can be done on WhatsApp, Facetime, Messenger Video call, etc. Call us to book for this option.
Provide copies of identification documents for both parties (e.g., passports, birth certificates). An original, or a certified copy of your ID, will need to be sighted by your celebrant prior to the wedding taking place. You may send a copy now and present the original on the day – prior to your wedding taking place.
You can either elope in a simple ceremony at our Award-Wining Marriage Registry, or we can offer very personalised wedding ceremonies to suit your preferences, ensuring your special day is memorable. Talk to us about our extended time ceremonies when you call us.
After the one-month notice period, after you have lodged your NOIM with us, you can legally marry in Australia with our registered celebrants officiating the ceremony and completing all the legals on the day of the wedding. As soon as the wedding is completed all the legal paperwork is uploaded to the Victorian BDM registrations office for the Government to process the documentation. You can order your final processed Marriage Certificate to go to your chosen address via Express Post. Talk to the officiating celebrant about ordering this for you at the end of your ceremony. Payment for the official marriage certificate is made directly to the Government’s eRegistry and your celebrant wll be able to provide the payment details.
Post-ceremony (approximately 4 to 6 weeks on average), you will receive your official Australian marriage certificate, confirming your legal marriage.
Opening Hours:
Monday – Friday 8am – 9pm
Phone: 1800 62 77 42
Email: info@marriagevictoria.au
Address: 893-915 Punt Road, South Yara, Vic, 3141
For personalised assistance and to start your journey towards legal marriage in Australia, contact Marriage Victoria today. Enjoy your life together, knowing your marriage is recognized under Australian law!
N.B. This information is a guide only and every couple’s requirements may vary depending on their personal situation and circumstances. The team at Marriage Victoria are unable to advise you if your overseas marriage is legally valid in Australia, or regarding any legal matters regarding immigration. We recommend you always seek legal advice if you are unsure. This information was valid at the time of publishing but may change from time to time. In the event of your observation of any error or omission of information, please contact our offices and we will endeavour to amend this promptly.
BEFORE YOU BOOK a marriage registry wedding ceremony or a celebrant, GET FREE ADVICE from MARRIAGE VICTORIA about all the facts on legal marriage in Australia. Call 1800MARRIAGE today!
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