08/04/2018
NEW LEGAL REQUIREMENTS FROM December 9th, 2017
I am an authorised marriage celebrant and can conduct all civil marriage ceremonies.
The legal age to be married in Australia is 18 years.
By law, a Notice of Intended Marriage (NOIM) must be completed and lodged with me at least one clear calendar month prior to your wedding date.
• Both parties will need to produce original copies of their Birth Certificates plus a photocopy for my records. If you were born outside Australia and cannot locate your birth certificate, you may be able to use an overseas passport showing date and place of birth or a Statutory Declaration.
• If either party has been married before, a Decree Absolute or a Death Certificate (if the previous spouse has passed away) must be produced.
• If either party has changed their name by deed poll, the official Change of Name document must be produced.
• All certificates MUST be originals, extracts or certified copies. Photocopies are not acceptable.
Item 1 of the NOIM requires a party to indicate how they want to be described. This change ensures that state and territory registries of births, deaths and marriages have the option of registering marriages, and issuing certificates of registration, that reflect the description a party has chosen. It is a matter for state and territory registries what information is included, and how it is described, on their register and the certificates they issue.
There are three options for a party's description: 'groom', 'bride' and 'partner'. It is up to each party which descriptor they prefer. The descriptor 'groom' can be used by a male party, and 'bride' can be used by a female party, regardless of the s*x or gender of the other party to the proposed marriage. The descriptor 'partner' can be used by a male, female, inters*x, non-binary gender or transgender party.
New item 4 of the NOIM requires a party to a proposed marriage to indicate their s*x. This change ensures that the Australian Bureau of Statistics can continue to collect and publish de-identified statistics on the s*x of marrying parties.
There are three options for s*x: 'Male', 'Female' and 'X' (any person who does not exclusively identify as either male or female, such as a person who is inters*x, indeterminate or unspecified). Celebrants should refer to the Australian Government Guidelines on the Recognition of S*x and Gender regarding the types of evidence that may assist to determine a party's s*x, such as an original or amended state or territory birth certificate, a valid Australian Government passport or a statement from a registered medical practitioner or registered psychologist.
From 9 December 2017, the Marriage Act recognises existing and future same-s*x marriages solemnised overseas under the law of a foreign country. Same-s*x marriages solemnised in Australia by a diplomatic or consular officer under the law of a foreign country before 9 December 2017 are also recognised. A couple whose foreign same-s*x marriage is recognised in Australia cannot marry each other again in Australia, unless there is doubt as to the validity of the foreign marriage. It is, however, possible for couples to hold another type of ceremony, such as a confirmation of vows or a recommitment ceremony.
A party whose foreign same-s*x marriage is recognised under Australian law should record their conjugal status as:
• 'married' if their marriage has not ended (by death or divorce) or been annulled
• 'divorce pending' if they have commenced divorce proceedings to end their marriage
• 'never validly married' if their marriage has been annulled (or declared void) by a court, or
• 'widowed' if their spouse died after their marriage was recognised.
The party will not be free to marry under Australian law until their existing marriage is ended, or they seek an annulment.
A party whose foreign same-s*x divorce is recognised under Australian law should record their conjugal status as 'divorced'.
A party who has registered a relationship under a state or territory scheme (whether with the party they are marrying or another party) should record their conjugal status as 'never validly married'.
If you cannot lodge the NOIM with me in person, you will need to complete it in front of a Prescribed Authority and send it to me with the photocopies of the documentation mentioned above so I can verify all the paperwork has been filled in correctly.
Prior to the ceremony both parties will have to sign a Declaration of Marriage to confirm there is no legal reason why the marriage cannot take place.
By law, two witnesses who are over the age of 18, are required to attend the wedding and sign the Marriage Certificate.
