Legal Requirements for Solemnisation of Marriage in Australia

If you want to get legally married in Australia, you will need to:-

Be eligible to get married under Australian law, eg.

You must complete complete a Notice of Intended Marriage and lodge it with your chosen celebrant at least one month and one day prior to the proposed date of your wedding ceremony.

Prove your identity by showing the celebrant a copy of your birth certificate or a passport issued by an overseas government. (If this is not possible, for example because you were never issued with one, there is provision for you or one of your parents to complete a statutary declaration instead).

Note that If you have changed your name from the name shown on your birth certificate, you will need to provide documentary evidence such as an official name change certificate from the Registry Office.

If you have been married previously, you must be able to show the celebrant documentary evidence of the end of that marriage either through divorce or through the death of your previous spouse.

 

Clarify your thinking about your desires for your wedding ceremony.

Check out our FREE online ceremony design brief tool.

Getting Married In Perth, Western Australia - the legal process.

So you're planning to marry? Congratulations! The basic legal process for getting married in Western Australia is really quite simple...

What do I need to do?

Choose a celebrant

The first step is to decide who will officiate - the Registry Office, an authorised religious celebrant, or a registered civil marriage celebrant such as myself. You have lots of choices, so its worth shopping around to find a celebrant who feels like a good fit with your personal style and values system.

When you use the services of a civil celebrant in Australia, you are free to hold your wedding ceremony wherever you please by mutual agreement with your celebrant - in a public park, at a private home or garden, in a commercial reception venue, in a chapel, on the beach, in a bushland setting, or on the banks of the beautiful Swan River. Some adventurous souls even choose to get married on a boat or in an aeroplane.

Many civil celebrants, including myself, accept bookings up to 18 months ahead, so it is usually wise to make a firm booking early in your planning process. That said, there is always a possibility that I may be free at relatively short notice, so please don't hesitate to ask.

Lodge a notice of intended marriage

Once you have chosen your celebrant, you will need to complete a Notice of Intended Marriage.
On this form, you will both provide your full legal names (as shown on your birth certificate or passport), current address, occupation, date and place of birth, and details of your parent's names and countries of birth. If you have been married previously you will need to provide some details about your previous marriages and how they ended.  You will need to sign this form in front of an official witness, and lodge it with your chosen celebrant. (As your celebrant I can help you with the process of filling in the form. ) You will also need to show the celebrant your legal documents (see below).

Sign a legal declaration

Prior to your wedding ceremony, you will be asked to sign a legal declaration stating that you believe there are no legal impediments to your marriage. (This is in place of the question that was traditionally asked of the guests at the wedding - "Does anyone know of any reason why these two should not be married?"). The signing of the declaration often happens when you meet with your celebrant for a rehearsal or walkthrough.

Solemnisation of Marriage

On the day of your wedding, your celebrant will remind you of the legal significance of the step you are taking, and you will need to declare your intention to marry before two adult witnesses and your chosen celebrant, using a specific form of words set out in the Marriage Act. You and your witnesses will then sign the marriage certificates.

Please note:
This is the bare legal minimum. The rest of your ceremony design is between you and your chosen celebrant.
If you would like to co-create a ceremony that is personal and memorable, an authentic expression of who you are, please talk to me!
You can read more details about the service I offer on this page.
Ishara de Garis

Marriage Certificate

Your celebrant will present you with an official marriage certificate. This document is generally accepted as legal proof of your marriage, however it is not accepted as proof of identity.

Your celebrant will also lodge a certificate with the local Registrar of Births, Deaths and Marriages. An extract of this record can beobtained on application from the Registry Office.

If you wish to have your marriage recognised by an overseas government, you would be well advised to contact the relevant consulate or overseas government agency to determine what their requirements are. In some cases you may need to obtain an Apostille stamp or Authentication.

Note: The Department of Immigration and the Australian Passport Office may require you to supply an extract from the Registry Office in connection with an immigration or passport application.

I don't want a ceremony, I just want to be legally married

I have had a number of clients come to me because they have been advised by the Perth Registrar of Births, Deaths and Marriage that it will be quicker to use a civil celebrant than waiting for an appointment to get married in the Registry Office.

If you don't want a full marriage ceremony, we will follow the basic steps above. You will still need to allow one full calendar month and one day between lodging the Notice and the legal solemnisation of the marriage. On the appointed day, I will meet with you and your two witnesses to hear your declarations and sign the certificates.

I want to take my partner's surname - how does that happen?

In Australia either party to the marriage may choose to adopt the other's surname, in order to have a shared family surname. There is no requirement that you do so. This decision does not need to be made until after the wedding, as you will sign all the legal documents including the marriage certificates using your full legal name prior to marriage.

How much can I expect to pay?

Civil celebrants in Australia are independant small business people who set their own fees, so there is no standard or set fee for a wedding ceremony.

When you negotiate a price with your celebrant, you should be sure to check what is included in the service they provide.
For example: what choices will you have about wording and format of the ceremony, whether the ceremony script will be personally prepared to fit your unique story and circumstances, what kinds of symbolic & cultural rituals are on offer, how many meetings you can expect to have with the celebrant, whether the celebrant will meet with you at your chosen venue to conduct a rehearsal 1-2 weeks prior to the ceremony, etc.

Contact Ishara for an obligation free quote.

Marriage in Australia is regulated by the Marriage Act which is administered by the Attourney General's Department.

Fore more information, visit: http://www.ag.gov.au/www/agd/agd.nsf/Page/MarriageGetting_Married

JavaScriptHere