Legalities of your Marriage
The Notice of Intention to Marry (NOIM) – is the initial Document enabling a couple to get married. It is signed and then witnessed by your celebrant or a Commissioner of Declarations, at any time between 18 months and 1 calendar month before the wedding.
The Declaration of no legal Impediment to Marry – is a statement declaring there is nothing to prevent the Marriage. And that both parties are willingly entering into the marriage. This is to be signed and witnessed as close to the Marriage Ceremony as possible.
It is just about impossible not to be able to get a Birth Certificate if you were born in Australia.
They can be obtained through BDM in the state you were born. If don’t have a BC, then a Passport is allowable. If neither are available then a Statutory Declaration can be submitted and is to be witnessed by a Notary Public.
A list is on the Statutory Declaration stating who can witness the document. It is an offence to falsely declare this. The Statutory Declaration will be retained by the Celebrant and submitted to the BDM with the Marriage documentation after the Wedding.
The notice must be signed by each of the parties in the presence of, and witnessed by an authorised Celebrant or a Commissioner for Declarations under the Statutory Declarations Act 1959, a Justice of the Peace, a Barrister, Solicitor, a legally qualified Medical Practitioner or a member of the Police Force. You can post or scan and email the signed NOIM to the chosen Celebrant, to arrive at least one month before the marriage ceremony date.
The original is to be given to the Celebrant prior the Ceremony. The couple’s birth certificates, divorce certificate, death certificate of previous spouse are to be sighted by the Celebrant prior to the wedding to check the details are correct, it is permissible to send copies with the NOIM and present the originals at the next meeting or prior to the Ceremony.
The documents are required to be translated by an accredited translator with NAATI. The translator will need to produce a statutory declaration proving their qualifications to read and speak the chosen language. This will be lodged with all other official documentation after the wedding.
There are two official Marriage Certificates that are to be signed at the Marriage Ceremony – One is to be retained by the Celebrant and the other is to be lodged with the NOIM and Declaration to the Department Of Birth Deaths and Marriages by the Celebrant along with any other documentation required, this is to be done within 14 days of the Wedding Ceremony.
3 Forms are signed on the day. The couple, the 2 witnesses (both 18 years or over) and the celebrant sign the Presentation Certificate (Form 15) which is to be given to the Couple.
The official Marriage Certificates are also to be signed and witnessed. One is to be lodged with the Declaration and NOIM and one is retained by the Celebrant.
At the time of lodgement there is no need for identification but your Original Birth Certificate, Extract is to be presented to the Celebrant plus photo ID. If you are unable to supply an Original Birth Certificate a Passport in English is accepted.
If any of the Documents are not in English they are to be translated by a NAATI approved translator. In case of being previously married the original Certificate, Decree Nisi or Death Certificate of the last Marriage are to be presented to the Celebrant.
Not officially, although some banks will accept it. The official Marriage Certificate should be applied for at Birth Deaths and Marriages Department in the state the Ceremony occurred and should be available, approximately a month after the wedding.
If both of the couple live overseas, the NOIM is to be completed and then signed in the presence of an Australian Diplomatic Officer, an Australian Consular Officer, an employee of the Commonwealth authorised under paragraph 3© of the Consular Fees Act 1055, an employee of the Australian Trade Commission authorised under paragraph 3 (d) of the Consular Fees Act 1955, or a notary public. The NOIM and ID documentation can be scanned and emailed to the Celebrant when it will be deemed lodged. The NOIM is then to be mailed to the Celebrant preferably by registered post. I would suggest that you get two NOIMs signed and post one and keep one to give to your Celebrant on arrival. The original NOIM and original ID docs will still need to be received by the Celebrant before the Ceremony takes place.
If one of the couple is living in Australia the NOIM can be completed and signed by that person in the presence of the Celebrant and providing the NOIM is signed and witnessed by the other person prior to the Ceremony, it will be deemed legal and lodged. The original documentation, as mentioned earlier, is to be presented prior to the Ceremony.
The NOIM is then considered lodged and stays with the celebrant until after the wedding and is then sent within 14 days to the Birth Deaths and Marriages in the State the wedding took place.
A woman is permitted to use her birth name or previous married name providing they can be verified. Keep in mind that if you choose not to use the name you are currently known as eg Birth over previous Married name, then changing your name on legal documents and bank records even your electricity account, will require a paper trail.
If you are using a name today that has not been officially changed, a change of name certificate from the Registry of Births, Deaths and Marriages is required.
After the Ceremony the couple will receive a Form 15 which is a Presentation Marriage Certificate. They are uniquely numbered and registered at BDM.
Your Ceremony
Yes, you can write as much or as little of the Ceremony as you like. I am there as a guide and to assist wherever is required. There are wording requirements on both our parts but outside of these you have complete control (as I am bound by a Code of Practice this is to be within reason)
Yes, it is a beautiful way to unite the family. Keep in mind that small children can be unpredictable, so I would suggest a simple inclusion, but always make them feel important on the day.
It is recommended to have a rehearsal, especially where children are involved in the Ceremony.
Yes, an application is necessary to be lodged at the local Council. Keep in mind that these are Public places and people and their pets cannot be excluded from the area. It is advisable to have a venue back up plan, in case of inclement weather
Yes, there are wording requirements laid down by the Marriage Act, but outside those you are free to express your vows in whatever way you would like to. (within reason)
Yes, but they required to be over 18 years of age.
Yes, it is a wonderful way to enhance the day. licenses may be required which can be discussed.
Most venues do not allow this, some allow flower petals. These rulings will be stipulated on the application form for the Ceremony.