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The Legal Stuff

Getting married in Australia

The legal side of getting married can sound complicated, but that's part of what I'm here for.

I'll guide you through the paperwork and make sure the legal requirements are taken care of so you can concentrate on actually enjoying getting married.

Who can legally get married in Australia?

To legally marry in Australia, you must:

  • not already be married
  • not be marrying a parent, grandparent, child, grandchild, brother or sister
  • generally be at least 18 years old
  • understand what marriage means and freely agree to marry
  • use the required legal wording during your ceremony
  • complete the required notice
  • be married by an authorised marriage celebrant.

You don't need to be an Australian citizen or permanent resident to marry in Australia.

Marriage in Australia is available to two people regardless of their sex or gender.

How much notice do we need to give?

You'll need to complete a Notice of Intended Marriage, usually called the NOIM.

I must receive your NOIM at least one month before your wedding and no more than 18 months beforehand.

In limited circumstances, a prescribed authority may approve a wedding with less than one month's notice, but there are specific legal grounds for this.

What documents do we need?

I'll guide you through exactly what you'll need, but generally I'll need to see:

  • evidence of your date and place of birth, such as a birth certificate or passport
  • evidence of your identity, such as a driver's licence or passport
  • if you've previously been married, evidence that the previous marriage has ended.

Don't worry if you're unsure what documents apply to you — that's something we can work through together.

Can the paperwork be done online?

Some of it can.

Your NOIM can be witnessed in person or, provided the legal requirements are met, remotely using audio-visual technology.

However, before the wedding I am legally required to meet each of you separately and in person.

And for the marriage itself, your celebrant, both of you and your two witnesses must all be physically present.

Do we need witnesses?

Yes.

You'll need two witnesses who are at least 18 years old present at your wedding.

They'll sign your marriage certificates alongside both of you and me.

Do we have to say particular words?

Yes — but only a small part of your ceremony is legally prescribed.

As your celebrant, there are words I am required to say, and there are legal vows that each of you must say to the other.

Around those legal words, we can create a ceremony that's completely personal to you.

Can we have a surprise wedding?

You can surprise your guests, but you can't surprise the person you're marrying.

Both people must freely consent to the marriage and complete the required legal process.

So inviting everyone to a "birthday party" that turns into your wedding? Absolutely possible.

Telling your partner they're getting married when they arrive? Not possible.

Can we get married if we're visiting Australia?

Yes.

You don't need to be an Australian citizen or permanent resident to marry in Australia.

If you're travelling to the Whitsundays for your wedding, we can organise much of the preparation beforehand.

Just remember that getting married in Australia doesn't automatically give someone the right to live in Australia — immigration and visa requirements are separate.

Can we get married anywhere?

Generally, your ceremony doesn't have to take place in a church or registry office.

Beach, garden, resort, private property, boat or somewhere completely unique — there are plenty of possibilities.

Your chosen location may have its own permission, permit or venue requirements, particularly for public spaces.

What do we sign on the wedding day?

After your ceremony, three marriage certificates are signed by:

  • both of you
  • your two adult witnesses
  • me, as your authorised marriage celebrant.

I'll give you your ceremonial marriage certificate on the day and then submit the required marriage paperwork to the relevant Registry of Births, Deaths and Marriages.

Is the certificate we receive on the day our official marriage certificate?

You'll receive a ceremonial marriage certificate on your wedding day.

If you later need a registered marriage certificate for things such as officially changing your name or dealing with government agencies, you'll generally need to order one from the Registry of Births, Deaths and Marriages after your marriage has been registered.

I'll explain all of that when the time comes.

What do we actually need to get married?

When you strip away all the traditions, getting married is actually pretty simple.

You need:

  • Two people who are legally able and freely choosing to marry.
  • An authorised marriage celebrant.
  • Two adult witnesses.
  • The required notice and identification.
  • A few legally required words.
  • And the required paperwork.

Everything else is about making the day yours.

The dress, flowers, rings, aisle, wedding party, cake, first dance and 100 guests?

They're the wedding.
The two of you choosing each other is the marriage.

Official documents

Straight from the Attorney-General's Department and the Federal Register of Legislation.

Notice of Intended Marriage PDF · ag.gov.au Code of Practice for Marriage Celebrants PDF · ag.gov.au Marriage Act 1961 PDF · as at March 2026

Relationship support

A strong marriage matters even more than a beautiful wedding — these trusted services are here for every couple, at every stage.

Relationships Australia relationships.org.au Australian Counselling Association theaca.net.au · find a counsellor

Questions about your situation? Just ask.

Ask Leanne Start Our Love Story