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Legal Aspects & Marriage Documents

Legal Aspects

Before you can marry, the law requires that you sign and lodge with your Marriage Celebrant a completed Notice of Intended Marriage (NOIM) form. The form must be lodged with your Celebrant a minimum of one month and up to eighteen months prior to the wedding date.

Under Australian law, marriage of any person under 18 without a judge's or a magistrate's order is invalid. As well, under no circumstances can two people under 18 marry.

You will need to give your celebrant evidence of date and place of birth, identity and the end of any previous marriages for each party.  Acceptable proof of ID documents are birth certificate, passport, drivers licence, and any relevant divorce/death certificate.  These original documents must be shown before your wedding day.

If the person has legally changed their name they will need to provide an original Deed Pool or Name Change Certificate.

Prior to the wedding ceremony, the marrying couple are also required to sign declarations stating that there are no legal reasons why they cannot get married.

After the marriage couples must obtain their own Registered Marriage Certificate from the Registry of Births, Deaths and Marriages.

If you live in or near Brisbane, you can apply at the office at 110 George Street, Brisbane or download the application for Marriage Certificate off their website.

Legal requirements for Celebrants:

There are only three things that are legally required for the actual ceremony to take place.

There is a legal statement that ALL celebrants are required to state. This explains what marriage means in Australia - Section 46 (2) of the Marriage Act 1961 as amended.

The vows MUST comply with the current legal ruling of Section 45 (2) of the Marriage Act 1961 As amended

There must be two witnesses who are over the age of 18 years present to witness the documents.



Marriage Documents

Notice of Intended Marriage Form - Completed up to 18 months prior to the marriage but no later than one month prior. Checked and signed at our first meeting.  I will provide the Notice form, however you can also obtain one by visiting www.ag.gov.au.  

When completing the Notice, proof of ID is required as stated above. 

Statutory declarations are to be completed at our final meeting which is usually one or two weeks prior to your wedding.

The Certificate of Marriage is signed by the Bride, Groom, Celebrant, and 2 witnesses during your wedding ceremony, and is then forwarded to the Registry of Births, Deaths and Marriages with the Notice of Intended Marriage, after the ceremony.

Government Stamped Certificate of Marriage - A certified copy of the 'Certificate of Marriage' can be applied for from the Queensland Government's office of Births, Deaths and marriages after the ceremony.

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