On 9 December 2017, Marriage Equality in Australia became Legal.
As of Tuesday January 9, 2018 ALL couples in love can be Married!
I have updated the Legals in line with the new legislation.
Here is what you need to know about the legal requirements for getting married in Australia as of Tuesday 9th January 2018.
There are essentially 4 requirements to fulfil before you get married.
1: You must not be married to someone else.
2: You must be over 18 years (there are some circumstances in which people under 18 can marry)
3: You must not be Brother and Sister (or in another prohibited relationship)
4: You must give real consent to the Marriage to be ordained.
Before you get married, you need to complete some legal documentation that supports these requirements.
These documents are LEGAL and there are penalties for providing false information.
Notice of Intended Marriage
The Notice of Intended Marriage must be completed and lodged with your Celebrant no less than 1 month and no more than 18 months prior to your Wedding date. Your Celebrant is able to complete this Form for you at one of your meetings at least One Month before the Wedding.
To complete the NOIM – Your Celebrant needs to sight ORIGINALS (certified photocopies do not suffice) of your Birth Certificate or Passport, a form of photo ID – Your Current Drivers Licence would suffice. ORIGINALS of the proof of dissolution of your previous marriage – i.e. a divorce or death certificate if relevant.
The Notice of Intended Marriage now provides parties to a Marriage with the choice of whether they would like to be described as Groom, Bride or Partner, and it also asks Celebrants to list each party’s Gender, whether that be Male, Female or X.
Declaration of No Legal Impediment to Marriage
The Declaration of No Legal Impediment to Marriage gets signed either at your rehearsal, or on your wedding day prior to the ceremony.( I prefer to complete at our 2nd meeting). This Form asks you both to declare that you meet those requirements: that you are not married to someone else, that you’re over 18, and that you’re not Brother and Sister – and by signing it (with the help of an interpreter if required), you’re regarded as giving consent.
During the Ceremony on your Wedding day, there are four Legals that must occur.
1: The Celebrant must introduce themself by name as an Authorised Celebrant.
2: The Celebrant must recite the Monitum.
3: Both parties must recite the legal Form of Vows as laid out in the Marriage Act 1961.
3: The couple, two witnesses and Celebrant must sign three marriage certificates.
The Celebrant must recite the following lines for your marriage to be valid.
I am duly authorised by law to solemnise marriages according to law. Before you are married in my presence and in the presence of these witnesses, I must 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.
You both must say the following sentence for your marriage to be valid:
I call upon the people here present to witness that I, A., take you, B, to be my lawful wedded husband/wife/spouse.
You can always add personalised words after the legally required ones if you wish.
Witnesses must be over 18 years of age, and must be able to hear and understand the Ceremony.
I trust this has helped with the legal framework for getting married in Australia from January 2018.
Your wedding ceremony isn’t just about the Legals, it is also a Celebration of Love and Commitment sharing with your family and friends.
It can be as romantic and colourful as you want.