What are the rules for getting married in Australia?

The Marriage Act 1961 and Marriage Regulations 2017 set the rules for getting married in Australia.
To get married in Australia, you must:

• not be married

• not be marrying a parent, grandparent, child, grandchild, brother or sister

• be at least 18 years old, unless a court has approved a marriage where 1 person is 16-18 years old

• understand what marriage means and freely agree to marry

• use specific words during the ceremony

• give a notice of intended marriage form to an authorised marriage celebrant at least 1 month and no more than 18 months before your wedding

• be married by an authorised marriage celebrant.

What do I need to do before I get married?

Before you get married, you need to:

• complete a notice of intended marriage form

• give it to an authorised marriage celebrant at least 1 month (but not more than 18 months) before your wedding.

Ask your authorised marriage celebrant if you need help with the form.

You can complete it if you are overseas and plan to get married in Australia.

If there is less than 1 month until your wedding, talk to your authorised marriage celebrant. You may be able to get married if a prescribed authority approves it. Reasons for getting married in less than 1 month include:

• employment-related or travel commitments

• wedding or celebration arrangements

• medical reasons

• legal proceedings

• error in giving notice.
  

What verification documents do I need to provide to my Celebrant?

To verify age and marital status you will need:

• a document that shows where and when you were born ie: Birth Certificate or Passport.  The celebrant must be satisfied that the information you have provided is correct.  (Note: expired, but not damaged or cancelled passports are acceptable)

• Divorce or Death certificates if you have been married before

These must be Original documents - NOT photocopies.  (Note: Digital copies of your ID are now accepted)

Your celebrant is required to provide you and your partner with a copy of the Australian government's publication Happily Ever Before and After.

What words must be included in your ceremony?

Section 46 of the Marriage Act requires the marriage celebrant, before 2 witnesses, to say the Monitum:

Legal words to be said by the celebrant: 

 “I am duly authorized by law to solemnize marriages according to law. 

“Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter.

“Marriage, according to law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into for life.”

or words to that effect.

 Legal words to be said by the marrying couple:

There are specific words that must be communicated by the couple to ensure the marriage is legal.

The following words must be used in a civil marriage:

“I call upon the persons here present to witness that I, A.B. (or C.D.), take thee, C.D. (or A.B.), to be my lawful wedded wife/husband/spouse.”

or words to that effect.

You may add your own personal words before or after these words, but the act of saying these words is a major component of the ceremony conducted by Commonwealth authorised marriage celebrants who conduct civil ceremonies, or Registry Office celebrants. 

There are some slight changes that are permissible. For example:

• One may leave out 'lawful' or 'wedded', but not both.

• One may use a First and Middle or First and Last name for A or B, but provided the couples full names (AB) are used, (including middle names) sometime before the Vows, preferably early in the ceremony

• The first phrase may become 'I ask everyone here to witness', but not 'I ask family and friends here to witness', etc.

What are the witness requirements?

You need two people over the age of 18 to act as your witnesses.

You will sign three certificates at the ceremony, together with your witnesses and the celebrant.  You will keep one, the celebrant will keep one and the third will go to the Registrar of Births, Deaths and Marriages in the state your ceemony took place to register your marriage.