By Joshua Kershaw, Family Law Solicitor
Earlier this year, I celebrated my wedding abroad. While it was a joyous occasion, it didn’t hold any legal weight in Australia.
So, how can you make your marriage official in Australia? There are two primary options: hosting a ceremony that adheres to the Marriage Act 1961 (Cth) — the “wedding method” — or opting for a legal-only ceremony via the Registry of Births, Deaths and Marriages — the “legal-only method.”
THE WEDDING METHOD The most common way to get married in Australia is by having a ceremony that fulfills the requirements of the Marriage Act. But what exactly does a valid marriage entail, and what could render it void?
Here are some key guidelines:
- Marriageable Age Requirements
Generally, you must be at least 18 years old to marry[1]. However, in special circumstances, the Marriage Act permits individuals under 18 to marry. For instance, a 16-year-old may seek authorisation from a Judge or Magistrate to marry, though approval is not guaranteed[2]. If granted, the marriage can only proceed with consent from the individual’s parent, guardian, or a designated authority[3]. - Prohibition Against Bigamy
Although it’s an uncommon situation, Australian law makes it illegal to marry if you’re already legally wed to someone else[4]. To remarry, you must ensure that you’ve officially divorced your previous spouse.
Interestingly, Australian courts will recognise a polygamous marriage for family law purposes if it was legally valid in the country where it occurred[5]. - Authorised Celebrants and Notice Requirements
An authorised marriage celebrant must be physically present at the marriage location[6]. You must also submit a Notice of Intended Marriage Form to an authorised celebrant at least one month and no more than 18 months before the wedding[7]. This form is available on the Attorney-General’s Department website: Notice of Intended Marriage Form.
During the ceremony, at least two witnesses over the age of 18 must be present to observe and sign the marriage documents[8]. - Legally Required Vows
You may have noticed that couples often repeat specific vows during their wedding ceremony. This is because non-religious weddings in Australia require the couple to say something along the lines of “I call upon the persons here present to witness that I take thee to be my lawful wedded spouse” in front of the celebrant and witnesses[9].
For religious ceremonies, the vows can vary as long as they meet the standards of the religious tradition[10].
Afterward, you will receive your marriage certificate, which serves as official proof of your marriage.
THE LEGAL-ONLY METHOD While the Registry of Births, Deaths and Marriages offers wedding ceremonies, you can also opt for a straightforward legal-only procedure. This is ideal if you don’t want a traditional wedding or if, like me, you had an overseas ceremony that wasn’t legally recognised in Australia.
The rules are much the same as those for the wedding method, but the process is more streamlined. After filling out the Notice of Intended Marriage Form and making the necessary payment to the Registry, you’ll participate in an online interview with Registry staff and schedule your legal-only ceremony. In NSW, these ceremonies typically occur at the Pyrmont Registry in Darling Harbour, Sydney.
On the day of the ceremony, you’ll need to bring the original Notice of Intended Marriage and proof of identity, such as a passport. The Registry celebrant will ensure that all legal requirements are fulfilled, you’ll exchange vows, and sign the marriage certificate in the presence of two witnesses. Your legal marriage certificate will then be mailed to you, serving as your official documentation for future use.
If you need legal guidance regarding your marriage, feel free to book a confidential consultation with one of our experienced family lawyers.
Citations
[1] Marriage Act 1961 (Cth), s 11 (‘Marriage Act’).
[2] Ibid s 12.
[3] Ibid s 13; Sch 1.
[4] Ibid ss 23(a), 23B(a).
[5] Family Law Act 1975 (Cth), s 6.
[6] Marriage Act, s 41.
[7] Ibid s 42.
[8] Ibid s 44.
[9] Ibid s 45(2).
[10] Ibid s 45(1).
