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Marriage & your legal responsibilities

 

  • The Notice of Intended Marriage form must be completed, signed & witnessed, & in the hands of the Marriage Celebrant no later than one month & one day prior to the proposed wedding date. Once lodged with your celebrant, it is valid for a maximum of 18 months.

  

  • It is the responsibility of the marrying couple to ensure that they are able to present to the celebrant the required documentation for proof of identity, date of birth & place of birth.
       That being… original birth certificates, if born in
  
    Australia. If you do not have this, it is obtainable from
       the department of Births, Deaths & Marriages in the
       State where you were born. An Australian passport is
       not acceptable for anyone. 

       If born outside Australia & birth certificates are    
       unobtainable, a current overseas passport is required.

 
 

  • If either party has previously been validly married, & is now divorced or widowed, an original Decree Absolute of Divorce or a Death Certificate must be presented to the celebrant to sight. This evidence is needed before you can be re-married.

        As of the 1st of July 2002, the Family Court & the       
        Federal Magistrates Court stopped issuing both a
        decree absolute & a decree nisi of dissolution of
        marriage. The document they now issue is called a
        “Certificate of Divorce” which has both the date of
        decree nisi & the decree absolute.
       
If you were divorced before the 1st of July 2002, the
        document you are required to present the celebrant is
        the decree absolute.


  • It is also the couple’s responsibility, if required, to arrange & provide the services of an accredited translator to ensure that all legalities & requirements of marriage are fully understood by both parties. This may mean that the translator needs to be present for the completion & signing of all legal paperwork prior to the ceremony, as well as on the day, for the signing of the register & marriage certificates.


  • If you have changed your name since birth, the celebrant will also need to sight your original 'Change of Name' certificate issued by Births Deaths & Marriages.


  • If one person is under 18 years of age, a parent’s consent on the required form & a court order under Section 12 of the Marriage Act is required.



    Please note that it is an imprisonable offence to give false or misleading information on any legal documents.


 

 Commitment & Naming Ceremonies...

  • Naming Ceremonies & Commitment Ceremonies are not legally recognised ceremonies. Therefore there is no legal paperwork to be completed, & no legal requirements to be met.
        On the day, you will be presented with a 'Vow of  
        Commitment Certificate' or a 'Naming Day Certificate'
        as a keepsake of your special day. 
 

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