Your Legal Requirements

Congratulations for getting married!

How to legally marry in Australia?

A person must:

  • not be married to someone else
  • not be marrying a parent, grandparent, child, grandchild, brother or sister
  • be at least 18 years old, unless a court has approved a marriage where one party is aged between 16 and 18 years old
  • understand what marriage means and freely consent to marrying
  • use specific words during the ceremony
  • give written notice of their intention to marry to their authorised celebrant, within the required time frame.

You don’t have to be an Australian citizen or a permanent resident of Australia to legally marry here.

What documents are required to complete before the marriage

  1. Notice of Intended Marriage
  • MUST be submitted to the Registry or your Marriage Celebrant at least one month, and no more than 18 months, before the wedding date.
  • Talk to your celebrant if there is less than one month before your wedding date.

The notice may be completed and witnessed outside Australia if required.

  1. Declaration of No Legal Impediment to Marriage
  • MUST be completed prior to the marriage being solemnized.
  1. Certificate of Marriage
  • MUST be completed and signed on the day of marriage after solemnization.

What documents you will need to produce?

  1. Birth Certificate or an official extract or Passport
  2. Statutory Declaration

If unable to produce Birth Certificate or Passport

  1. Divorce Certificate/Decree Nisi

If you have been divorced from a previous marriage.

  1. Death Certificate

If you are widowed from a previous marriage.

All documents produced must be the original, in English or officially translated to English and produced prior to the date of your marriage.

Who must be there?

  • The marriage celebrant and two (2) witnesses who are 18 years or over.

For more information please refer to the NSW Registry of Births Deaths & Marriages – “Getting Married” section for full details.

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