Marriage Requirements

Whilst marriage in Australia is very straight forward for most people, the following summary is an indication of points of which to be aware.

 

The legal age for marriage in Australia is 18 years. Provisions exist under Section 12 of the Marriage Act if ONE of the parties is between the ages of 16 and 18 years.

 

Prohibited relationships are between a person and a direct ancestor or descendant; and between full or half blood siblings. For the purposes of this requirement adopted children and parents are deemed to be a natural relationship.

 

A celebrant is not permitted to perform a marriage for which the prescribed notice has not been received.  The original or a faxed copy of the “Notice of Intended Marriage” [Form 13] must be received by the celebrant within the prescribed time frame. IE Not less than one clear month nor more than 18 months prior to the date of marriage.  It is an offence to back or post date the NOIM.  Provision exists for shortening of the waiting period in very specific exceptional circumstances. Under current rules an emailed copy of the Notice is NOT acceptable to start the time period.

 

The Notice can be lodged by one person only (if the other party is unable—eg overseas) provided that the second party completes it prior to the marriage.

 

Marriage may take place between Australian and foreign residents. However the marriage in itself does not confer legal rights to Australian residency.

 

The Australian marriage of a foreigner may not be automatically recognised by all countries. (This is usually resolved by the Dep’t of Foreign Affairs applying an Apostille Stamp to your certified marriage certificate.)

 

Australian born citizens must provide an ORIGINAL birth certificate. Australian passports and photocopies of documents cannot be accepted.

 

If born in another country, an ORIGINAL birth certificate of that country, or an ORIGINAL current or lapsed passport of another country showing date and place of birth will be acceptable evidence of age. If these are in another language they must be officially translated into English. Australian passports cannot be used for evidence of birth details.

 

Persons previously married must provide ORIGINAL evidence of how the last relationship ended. (IE death certificate or divorce absolute or divorce certificate)

 

Notwithstanding any evidence submitted, the celebrant has the responsibility to be personally satisfied as to age, identity and free intent of the parties

 

Documents in a language other than English will generally require official translation before acceptance by the celebrant. (Refer: National Accreditation for Translators  Phone: 1300 557 470  www.naati.com.au)

 

Two persons over the age of 18 years are required to witness your marriage and sign the forms.  Relatives are quite acceptable.

 

DISCLAIMER:  This summary is provided as general information and does not constitute a legal opinion. If in any doubt, always seek further guidance from a qualified legal adviser.