Frequently Asked Questions

The first thing you need to do is… choose a marriage celebrant! Before you begin with the planning and legalities, it is really important to check if your celebrant is available on your chosen date.  

In Australia, a marriage celebrant is duly authorised by the Attorney General’s Office to conduct marriages within Australia, according to the Marriage Act 1961 and the Marriage Regulations 2017. As an Authorised Celebrant, my job is to ensure all legal requirements for each marriage are met. I am legally required to lodge all of the necessary documents, inform the couple about marriage education, work with you to plan your dream ceremony and conduct the ceremony. I must ensure that the compulsory wording is voiced, and also act as a witness to the marriage. I will help as much as you want – It’s YOUR day!

In order to legally marry in Australia, you must meet the following criteria: not be currently married, not be related to each other (although some relationships are allowed – talk to me if you have questions), be at least 18 years of age (or have a court order if underage – see me for further details), and legally consent to the marriage (not being coerced). In 2017, the most historical change to Australian Marriage Law occurred, meaning that sex and/or gender is no longer a barrier to marriage. The Marriage Regulations state: “Marriage, according to law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into for life”.

There are two forms to complete before you can get married in Australia: The Notice of Intended Marriage and the Declaration of No Legal Impediment. There are documents and information you will need to gather so I can complete these forms. Both of you need to sign the documents, but no need to worry… I will guide you through this process. 

I will email you a list of documents and ask you questions that need to be checked on the forms. Tip: Don’t leave this important step until the last minute; just in case you need to order a birth certificate or a copy of your divorce order!

The Notice of Intended Marriage must be completed and lodged with your celebrant no later than one calendar month and no earlier than eighteen months before your wedding date. The Declaration of No Legal Impediment needs to be completed and lodged with your celebrant before the ceremony can begin. Once we get the paperwork out of the way, we can start personalising your wedding ceremony together!

In extenuating circumstances (eg employment commitments, medical reasons, legal proceedings, etc), a couple can apply for a Shortening of Time (ie less than the usual one calendar month). If this is the case, you will need to speak to me as soon as possible, so that I can gather the required information and apply on your behalf. Also, please be aware that permission may or may not be granted by the prescribed authority.

The certificate you receive on your wedding day is ceremonial. It is not a legal document and therefore cannot be used to change your name. As a part of my service, when lodging the legal documents, I order a standard Marriage Certificate for each of my couples, which arrives at your address by registered mail. This is already included in your fee. It generally arrives approximately 4 weeks after your wedding day.

According to the Marriage Act, a couple can be married on any day, at any time and in any place within Australia and its territories or territorial waters. However, be aware that many places (and celebrants) are popular at certain times of the year, and will need to be booked well in advance. Also, if you are marrying on private property or council land, you may need permission prior. It is always wise to check first and be mindful of legalities.

There are only three legal components of a marriage ceremony. These are The Monitum (said by the celebrant), The Legal Vows (repeated by the couple to each other) and the Signing of Legal Documents. The only other legality is that there must be two witnesses to all of these components. It is also important to know that the witnesses must be over 18 years of age, and that the couple and the witnesses must not be intoxicated.

Alongside the legal components, you can decide whether you also want to include the following: a processional (walking into the ceremony), a giving away, the asking (the I do’s), a ring exchange, personal vows, readings, blessings, rituals, songs (of your choice), the pronouncing (eg I now pronounce you…), the kiss, a recessional (walking out together), and anything else that makes your ceremony personal to you both. ALL of these are completely optional, but we will talk through each one when we design YOUR very own ceremony. PS: This is the exciting part!!

In Australia, marriage celebrants can marry couples anywhere in Australia! The documents just need to be lodged in the relevant state, but this is nothing you need to worry about. (Please speak to me about travel fees, which may apply)

To marry in Australia, one or both of the couple can be from overseas. However, it would be wise for you to check with your country of origin to determine whether the marriage will be considered legal in that country.  There may also be the need for a visa prior to the marriage taking place. Marriage celebrants cannot provide any information regarding these matters. 

Overseas marriages cannot be performed by an Australian Marriage Celebrant, and cannot be registered in Australia. However, an overseas marriage is generally recognised in Australia if it was valid in the country where it was performed, and/or it would have been valid if performed in Australia. You may be able to use your overseas marriage certificate as proof of marriage, but be aware that some states and territories do not accept overseas marriage certificates for the purpose of changing your name. For further information, contact the Registry of Births Deaths and Marriages in your state. Additionally, Smartraveller has more information about getting married overseas. There are many different options for couples who want to have an overseas marriage experience. Some decide to elope prior or upon return, and have a ‘Commitment Ceremony’ (no legals), with all the bells and whistles overseas. If this is what you are wanting, call me and we can organise it together.

Marriage is the ONLY legal ceremony in Australia. Naming ceremonies, vow renewals, commitment ceremonies and funeral services do not require any legal paperwork. It is important to note that in the case of funerals, I will work with your chosen funeral director or company, and that they will organize the legalities (eg death certificate). My job when conducting a funeral, is to work with you to create and conduct a poignant ceremony that not only tells your loved one’s story, but also helps you and yours with the grieving process. Goodbye is the hardest word to say…