The Formal / Legal Steps on the Journey to your Marriage
In addition to meeting with your Celebrant to start the exciting part of the journey of getting to know each other and beginning the planning process to create the perfect ceremony just for you, your celebrant is required by Australian law to ensure all the following requirements are met.
The most significant step though is getting in touch with me, so I can lead you through this process.
Australian Law Requires:
That you are eligible to marry
That there is no Legal impediment to your pending marriage.
That both parties are over the age of 18 years, or if one is under 18 a court order must be obtained.
That you have completed the Notice of Intended Marriage in the appropriate time frame. (see below)
Two (2) witnesses over the age of 18 years, who have witnessed and understood the ceremony will witness you signing the relevant documents as part of your wedding ceremony.
You must both sign a Declaration of No Legal Impediment to Marriage before your marriage ceremony can take place. This is a legal document and must be witnessed by your marriage celebrant. I will prepare this document for you.
As your Celebrant I will ensure that the legal requirements of marriage are clearly explained to you.
SOME STEPS IN THE PROCESS
NOIM: A Notice of Intended Marriage must be completed and lodged with your Celebrant no more than 18 months and not less than one calendar month prior to the date of the marriage. This is usually obtained from your celebrant but can also be downloaded from Attorney General’s Department of Australia.
Documents you will be required to produce and that need to be sighted by your Celebrant at this time include:
If born in Australia: your original Birth Certificate or original Extract (or Passport) stating both the date and place of your birth.
If born overseas: ideally your original Birth Certificate stating both the date and place of your birth or your Passport.
Some other form of Photo ID may be required such as a Driver’s Licence.
Name Change Certificate (where relevant)
If you have been previously married, you must show your Divorce Certificate /Divorce Decree Absolute or a Death Certificate of a previous spouse.
Your Celebrant will also provide each of you with a copy of the brochure titled “Happily Ever Before and After” (either physically or electronically) and offer information on relationship and marriage education services.
When finally booking the date with your Celebrant, a Lodgement Fee / Deposit is required as per the Service Agreement.
Declaration of No Legal Impediment to Marriage
This document needs to be signed by both parties to the marriage as close as possible to the marriage, perhaps at the rehearsal. It is as the title states, the document where you legally acknowledge that there is no legal impediment to your marriage.
Your marriage can’t be solemnised if your documents in Step One aren’t sighted and if the Declaration hasn’t been completed by you with your Celebrant as your witness.
At this phase of the journey, final payments to the Celebrant should be made in accordance with your Service Agreement.
Preparation of Certificates by the Celebrant:
Your Celebrant will prepare 3 Certificates for you both, the two witnesses (aged 18 or over) and themselves to sign on your wedding day. Two are the official Wedding Certificates. One of these is maintained by the Celebrant for their Register and the other one is lodged with the Registry of Births, Deaths and Marriages.
You will receive the formal presentation certificate (Form 15) on the day.
After your wedding, you, or your celebrant on your behalf, can apply for your Registered Marriage Certificate. This is the certificate for ID purposes if either party is changing their surname to their partners after the marriage.