Wendy Edgeley

LEGAL ISSUES

Definition of Marriage in Australia

According to Australian law, marriage is “the union of a man and a woman, to the exclusion of all others, voluntarily entered into for life.”

Legal Age for Marriage

It is not normally possible to marry in Australia until you are 18 years old. In exceptional circumstances, a marriage in which one of the parties is under 18 can be permitted if special approval is given. There are no circumstances which permit two people under 18 to marry.

Marriage of Foreign Nationals

You can be married in Australia if you are not an Australian citizen, but it is recommended that you check with authorities in your own country before you enter into a marriage in Australia. Some countries do not recognise a marriage entered into in Australia, unless other requirements are fulfilled (e.g prior authority from the country’s embassy)

Notice of Intended Marriage

You must lodge a Notice of Intended Marriage (NIM) with your celebrant at least one calendar month before the date of the marriage. For example, if you want to get married on 17 April, the NIM must be lodged by 16 March. The NIM is valid for 18 months.

You can download the "Notice of Intended Marriage" here, or I can supply you with a copy.

Ideally, the NIM is completed at your first meeting with me, but there are other options if this is not possible. Normally, it should be signed by both people at the time when it is lodged with me. In some circumstances the NIM can be lodged with the signature of only one person, and will be effective if signed in my presence by the other before the marriage takes place.

Please note that the office of Commissioner for Declarations no longer exists in WA. Therefore, although Commissioner for Declarations is listed as a possible witness to signatures on the NIM, this does NOT apply in WA.

Documentation required

I have to sight the required documents before your marriage can take place, ideally at our first meeting when the NIM is completed.

Any documents in a foreign language may need to be translated into English. The only people with authority to do this are registered with the National Accreditation Authority for Translators.

Contact details are: Phone: 1300 557 470;

                             Email: info@naati.com.au     

                            Website: www.naati.com.au

The following documents are required:

If you were born in Australia:

 an official birth certificate or official extract of a birth certificate (not photocopies), showing date and place of birth; and

 if you are divorced, the original (or official copy) of the decree absolute or Divorce Certificate (from 1 July 2002) or

 if you are a widow/widower, the original death certificate (or official copy) for your previous spouse

Note: Birth and death certificates can be obtained if necessary from the Registry of Births, Marriages and Deaths in the appropriate State. For details see: Useful Links

You will need to ensure that you allow adequate time for their supply.

If you were born outside Australia:

 an official birth certificate (not a photocopy) or valid (non –Australian ) passport; and

 if you are divorced, the original Certificate of Divorce (or an official copy)

 if you are a widow/widower, the original death certificate (or official copy) for your previous spouse