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 Legal Requirements For Marrying In Australia 

 
 

"A law is valuable not because it is law, but because there is right in it."

~ Henry Ward Beecher ~

 

 

Minimum & Maximum Notice Period

 

The process of getting married starts with the couple completing and lodging a Notice of Intended Marriage with a registered marriage celebrant. This must be done no earlier than 18 months ahead of the proposed wedding date, and no later than one month and one day ahead of the proposed wedding date. Special permission must be sought from a prescribed authority where the Notice period lapses under one month and one day, and it should be noted, permission is not always granted. Evidence to support your request for a shortening of the legal notice period will usually have to be supplied to the prescribed authority at the time you make the request, and the celebrant will also have to supply a supporting letter. A fee may also be payable, depending on which prescribed authority you use.

 

As well as lodging the NOIM, the couple must also provide relevant original birth identification documents, as well as proof of being legally able to married in situations where a party has been previously married.

 

A copy of the NOIM is available in the FORMS section of this website.

 

No Impediment To Marriage

 

A Celebrant must determine to the best of their ability that the couple is legally able to marry. As part of this, the couple must show evidence that they can legally marry (in situations where they may have been married previously), and sign individual statutory declarations before the wedding stating that there is no impediment to them marrying their partner. These declarations are printed on the reverse side of one of the Certificates signed by the couple on their wedding day and are submitted to the Registering authority with the other marriage papers.

 

Couples Please Note:

 

There are serious legal consequences for parties to a marriage who sign these documents when there is an impediment to marrying their partner, and this has been successfully tested in court in the past. In addition, marriage celebrants can face six months imprisonment and or a monetary fine if they solemnise a marriage where there is a known legal impediment.

 

Are You Old Enough?

 

In Australia, the earliest age at which a person can marry is 16 years provided that their partner is aged over 18 years, and the underage party has the consent of his/her parents as well as the consent of a magistrate. Special forms must be completed in this situation.

 

You'll be pleased to know that whilst there are restrictions on how "young" you are when you marry, there are no restrictions on how "old" you are when you marry in Australia. You can marry without restriction from the age of 18, right up into your twilight years if you wish!

 

Ceremonies By Sharon L Norris CMC, CPC

Phone: 0401 153 100 (all hours)
Email: info@sharonlnorris.com.au

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Servicing the areas of: Brisbane, Logan, Redlands, Ipswich and everywhere in-between

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IMPORTANT NOTICE ABOUT PROMOTIONAL SLOGANS USED ON THIS SITE AND COPYRIGHT:

The terms "Simply Magic Ceremonies By Sharon L Norris" and "A Touch Of Magic To Your Special Day" are promotional slogans, not business trading names, as I operate under my own name. These slogans have been used since 2005 and 2008 respectively, and come from the fact that I share the same name as Filch's cat in the magical Harry Potter series, of which I am a huge fan. They are not registered terms. However, if any individual or business has an issue with me using these terms as part of my business operations, please contact me. Unlike Filch's cat, I will not bite or scratch...

 

With the exception of quotes by other authors, as duly identified, the text on this website is the intellectual property of Sharon L Norris and is covered by copy-right for my lifetime and 70 years beyond. This website is monitored by an internet plagiarism detection tool to stop people stealing my intellectual property. When I find people doing this, I will charge them a fee for using my work without permission, seek legal advice as copyright infringement is a criminal offence, and report registered marriage celebrants to the Federal Attorney-General's Department for breaching Section 4 of the Code of Practice for Marriage Celebrants (Regulation 37L).

 

Thank you for making the most

important day of my life

also the most wonderful!

Samantha (and Ian), Nudgee