Legal requirements for Marriage under the Marriage Act 1961 and Marriage Regulations 1963 in planning the marriage ceremony

DOCUMENTS REQUIRED

Certain documents are required to be completed before a marriage can be solemnized in Australia.  

The following forms must be completed:

• Notice of Intended Marriage (which must be lodged with me at least one calendar month before the date of the ceremony)

• Form 14 Declaration, which is a declaration made by both the bride and groom, stating that there is no legal impediment to the marriage. (This should be completed one or two weeks prior to the ceremony, preferably at the time of the rehearsal).

The following documents should be brought to our initial interview to enable the completion of the Notice of Intended Marriage, however, in special circumstances, if they are not immediately available, they may be produced at a later time, as long as it is before the marriage is scheduled to take place.   These documents are:

• Proof of identity of both the bride and groom

  • Photo identity such as drivers’ licence or passport

  • 18 Plus card

• Original Birth Certificate for both the bride and groom

  • This is compulsory if you were born in Australia

  • For those born in foreign countries, and a birth certificate is not available, an overseas passport may be used

    • Please advise me of any difficulties with this requirement immediately.

• If either the bride or groom has been married previously

  • Original Divorce Certificate (in the case of dissolution of marriage)

  • Original Death Certificate (in the case of death)

Ceremony Inclusions

The Marriage Act requires that every marriage ceremony contains certain legal wording.    There is a short statement that I must make at the start of the ceremony, announcing my authorization to conduct the ceremony, reminding you of the solemn and binding nature of marriage, and the definition of marriage in Australia.

Although you may write your own vows, and have many other elements in your ceremony, there is also some wording which must be contained in your vows to make the ceremony legal.     When we come to that stage, I will provide the wording for you.

Use of Interpreters

When one of the parties to a marriage is recently arrived in Australia, their English language skills may not be sufficient for them to understand the legal requirements, or the ceremony.  In such cases, I may require that an Interpreter be engaged for interviews, rehearsal and the ceremony, at the cost of the couple.   Interpreters must be accredited with NAATI (National Accreditation Authority for Translators and Interpreters), and be able to provide a Statutory Declaration as to their compentence in the required language.