The ‘How-To’ Step-by-Step Simple Guide to Getting Legally Married in Australia, including the Process for both Registry Weddings and Ceremonies conducted by Civil or Religious Celebrants.
Do you and your partner want to get married either ASAP, or at some time in the future, but want to ensure you understand all the process and costs before you make any bookings or Lodge your Notice of Intended Marriage form?
The Marriage Victoria Free Advisory Service is here to help!
Marriage Victoria aims to offer couples one of Australia’s most comprehensive guides to Getting Married in Australia – and although there is alot You’ll need to do and to understand when you choose to get married, we aim to make it simple for everyone and to be there to assist if you find you need extra help. But if you are one of those people who don’t like to read lots of info … contact us and we can assist you with the info you need to know.
Get prepared ahead of time …so you don’t experience a stressful last minute rush on the submission of the NOIM form, which is the first official step you’ll need to take to Getting Married!
Even if you don’t have a chosen date or location yet – you can still Lodge (and ‘park’) your NOIM form with Marriage Victoria so that you don’t find yourself rushing to make a lodgement at the last minute.
And did you know it is your full right to ‘transfer’ the form at any time after your lodgement. The form can be transferred to any legal officiant in any state of Australia at the simple written request of the couple.
WHAT YOU NEED TO KNOW:
Getting married in any state of Australia requires several steps to ensure the marriage is legally valid under the Commonwealth Marriage Act of 1961, and that the marriage follows the rules of the Marriage Regulations 2017.
At Marriage Victoria we can assist to make the whole process stress-free.
We use our role as a team of experienced professionals in the industry to provide general guidance on marriage in Australia, and to assist you with the process, however we cannot give you any specific legal advice.
Here’s your very simple break-down summary on Getting Married in Australia ASAP:
- Choose a registry or an authorised officiant who is registered under Commonwealth Law.
- Submit your Notice of Intended Marriage application form and all IDs required ASAP.
- Choose your wedding date which must be a minimum of one month or more after the NOIM lodgement date, and not more than 18 months later.
- Plan the creative details of your wedding.
- Get married on your booked wedding date at either a registry, a place of worship, or your chosen location.
- Order your final processed Marriage Certificate from your local Registry of Births, Deaths and Marriages office.
Getting Married with Less Than 30 Days’ Notice
Shortening the Notice Period if you wish to get married less than a month before your wedding date.
- Under special circumstances, the 30-day notice period can be shortened.
- Categories include employment-related or travel commitments, wedding arrangements, medical reasons, legal proceedings, or an error in giving notice.
- We note that this is not an simple privilege to be granted by the relevant authorities, and circumstances related to an expiring VISA are not likely to be eligible.
Talk to us regarding your possible options of Lodging a Shortening of Time notice form.
The next sections expand on this summarised process.
You Need to be Eligible to Marry:
To marry in Australia, couples must meet the basic eligibility criteria.
- Each person must not be legally married to any other person at the time of the marriage ceremony.
- Each person must understand what marriage means plus freely and willingly consent to the legal marriage.
- You must not be marrying a parent, grandparent, child, grandchild, brother or sister
- You should legally check your eligibility if you are related by blood or marriage.
- Both parties need to be at least 18 years old or have a court-approved exception if they are above 16 years of age, but under 18 years of age.
- You must give a notice of intended marriage form (NOIM) to your authorised marriage celebrant at least 1 month, and no more than 18 months, before your wedding. From January 2024 all new NOIMs must only be signed and witnessed in the physical presence of an authorised witness.
- You must be married by an authorised person, such a Commonwealth registered Marriage Celebrant.
- Your celebrant will guide you to use specific words during the ceremony that you are required to say. You won’t need to learn anything ahead of time – your celebrant will make this clear and simple for you at the right point of the ceremony.
- If you are unable to understand the language in which the ceremony will be conducted, you will be required to use an interpreter to assist you on the day of the marriage ceremony. This also includes sign language such as Auslan. Ask us about this if you are unsure of who can be an interpreter for your wedding.
- You are permitted to marry in a variety of options of style of ceremony. These can include some of the following: a simple legal-only ‘ceremony where you are either sitting or standing together with the celebrant and two persons over 18 years of age attending as your witnesses, or, any more elaborate ceremony at any location of your choice, in front of friends and family together with the celebrant and two persons over 18 years of age attending as your witnesses.
- There is no specific VISA requirement for marriage in Australia. You do not have to be an Australian citizen or be a permanent resident here to marry in Australia. You can be an overseas visitor, a citizen or a resident, however Australian residency and your immigration status is not guaranteed as a result of marriage. Always consult an immigration agent or lawyer, or visit immi.gov.au for more information regarding your personal situation.
- Same-sex marriage was legalised in Australia December 2017, providing all LGBTQIA+ couples with the same rights and recognition as all other couples. The Marriage Act 1961 was updated to allow for marriage equality. The Act defines marriage as ‘the union of 2 people to the exclusion of all others, voluntarily entered into for life’.
Notice of Intended Marriage (NOIM):
The NOIM form must be lodged with an authorized marriage celebrant or the relevant state or territory registry office a minimum of one month before the wedding ceremony date. For example: If you lodge your NOIM with Marriage Victoria on the 8th of July, then you may marry anytime from the 8th of August, and onwards for up to 18 months from the lodgement date.
- STEP ONE of the whole process is to fill out and submit a Notice of Intended Marriage (NOIM) form (which you can do with a celebrant here at Marriage Victoria) to start the whole process.
- The NOIM requires couples to provide basic personal details, identification documents, and information and documentation on any previous marriages or divorces.
- Right now, you can get your copy of the Notice of Intended Marriage and lodge your NOIM here if you wish to get started straight away.
- Click this link and we will send you all the information and documents you require to get started, whilst we still take you through the Step-by Step process and explain the documents you will need.
Even if you don’t have a chosen date or location yet – you can still Lodge (and ‘park’) your NOIM form with Marriage Victoria so that you don’t find yourself rushing to make a lodgement at the last minute.
As soon as your NOIM is lodged and you have satisfied the Identification requirements, you can also request us to immediately send you a Visa Support Letter for those couples going through the Spouse or Partner Visa immigration process.
- The Notice of Intended Marriage form is transferable to any Commonwealth Registered Official (either religious or civil) within Australia.
- As an example, if you lodge your NOIM with Marriage Victoria and then decide you wish to marry in another state, let’s say on Hamilton Island as an example, the couple is free to request a NOIM transfer to a registered celebrant, at any time, without any additional fees or charges.
- All requests must simply be made in writing to Marriage Victoria.
- It is your full right to ‘transfer’ the form at any time after your lodgement.
- We make it easy to transfer a NOIM if any of your plans change!
Marriage Celebrant or Authorised Officer:
Couples would have their marriage ceremony solemnised by a registered marriage celebrant or an authorized officer at a registry office who would conduct the wedding ceremony. Marriage celebrants can be either religious or civil.
Documentation
Couples need to gather and present relevant documents to proceed with the marriage and lodge their NOIM.
- This may include: just a passport or immi card.
- Or an original birth certificate coupled with a keypass card, a proof of age card, a passport or a drivers licence. Plus any change of name documentation.
- A statutory declaration – only in specific legal circumstances – such as a refugee status individual.
- You will also need to provide proof of the end of any previous marriages (e.g., divorce, annulment or death certificates)
- And translations of any overseas acquired documents that are currently not in English. For document translations please visit Naati.
Fees and Payments:
Ask to see all Terms and Conditions prior to making any payment in advance for any services to be rendered by any Marriage Celebrant, Authorised Authority, Victorian Marriage Registry or Wedding Services Company. You should not feel pressured for full payment for future services in order to secure a ceremony booking date, without knowing all the facts first.
- Fees through Marriage Victoria are charged in two parts:
- Part one is the non-refundable Lodgement Fee for the Notice of Intended Marriage (NOIM) form. This form remains valid for 18 months, however Marriage Victoria offer a Guaranteed No-Charge Renewal service to all couples who may wish to extend their NOIM beyond the 18 month period. And the NOIM may be renewed as many times as the couple may wish, without any restrictions.
- Part Two is the Ceremony Fee. There are countless options for ceremonies in Victoria which include, but are not limited to: Registry Weddings, Location Weddings, Home Weddings, Destination Weddings, ‘Secret’ Weddings with just two witnesses, Elopement Packages and more! Click here to Request a Price Guide to view countless options before you start planning your ceremony.
Declaration of No Legal Impediment to Marriage:
Before the wedding ceremony, couples must sign a Declaration of No Legal Impediment to Marriage. The marriage celebrant or authorised officer will provide the couple with this document. This declaration confirms that there are no legal obstacles to the marriage and that they meet all the requirements under Australian law.
Wedding Ceremony:
This should be the couples choice of what they want and envisage for their personal wedding ceremony.
- The wedding ceremony is the major STEP TWO of the marriage process. There are countless options on what the couple might choose for their ceremomy.
- The couple can choose a) an option of a simple elopement.
- The couple can choose b) an option of a Victorian registry wedding with an all-inclusive package for the celebrant, the legals, the ceremony, the party certificate and the ceremony room.
- The couple can choose c) a wedding at any location of their choice and the celebrant will attend on the day to perform the ceremony.
- The marriage ceremony can be tailored to the couple’s preferences, with the marriage celebrant guiding them through the legal formalities and then creating a bespoke wedding ceremony based on the couple’s wishes.
- The ceremony typically includes the exchange of vows, the exchange of rings, music, readings, and any desired rituals or customs, and then the signing of the Marriage Certificate and the Declaration at the end of the ceremony.
Marriage Certificate:
After the ceremony, the marriage celebrant or authorized officer will complete the required legal paperwork and register the marriage with the relevant state or territory registry office.
- The couple can either order their final processed marriage certificate online, or the officiant will order this on behalf of the couple, and once payment is made for that certificate, the couple will receive that marriage certificate in the mail via Express Post based on relevant processing turnaround times.
- The final processed Marriage Certificate incurs an additional charge (currently $64.40 as at June 2024) for Australia-wide delivery via Express Post. Prices are higher for International Mail.
- The couple may also request additional copies for legal and administrative purposes at an additional fee.
- The final processed Government-issued Marriage Certificate is required for any couple going through the Partner or Spouse Visa process.
- Current Government processing times (varying times – currently approximately 4 to 5 weeks to process in Victoria) should be checked with the couple’s relevant state or territory registry office where they were married.
- The final processed Marriage Certificate is required if an individual wishes to change their name after marriage, and they can only make that change utilising the final processed Commonwealth Marriage Certificate as proof.
Although this guide offers a general overview of the process, there may be variations or additional requirements based on the specific circumstances and the state or territory where the marriage takes place. Couples should consult with their registered marriage celebrant or registry office for precise and current information relevant to their individual circumstances.
The option for those who don't like to read through too much info (TL;DR):
If you have read this and still don’t understand any part of the information – call us and we will talk you through it all.
If you have skimmed through all this and don’t really like to read information – but just want someone to explain it to you in ‘simple’ terms – call us on 1800-62-77-42 and one of our professional industry team members would be happy to explain what you need to know, what you need to do next.
Unlike the service (or lack of) you might receive elsewhere, our whole team is happy to answer all your questions (no matter how simple they might be) – and then once you understand the process that’s best for you, at Marriage Victoria we can assist you (at no extra charge to the standard NOIM fees) to make the whole process stress free whilst we take you step-by-step through all the things you need to know and do before you can legally marry in Australia.
Once you decide on the wedding style you want (registry style, religious wedding, overseas destination or Australian location wedding) we can guide you through your best options for a wonderful wedding ceremony – just the way you imagined it.
Our offices are open 7 days a week. If we are experiencing high call volumes at peak times of the day, please leave all details and we will always call you straight back at our earliest convenience to ensure your questions are answered ASAP.
Call us on 1800MARRIAGE (1800-62-77-42) or click here to email us right now with your questions.
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 regarding any legal matters to do with your Visa or immigration status. 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.