Legal Information



Marriage CertificateAs a Marriage Celebrant, my authority to solemnise marriages is governed by the Marriage Act of 1961

You as couple, also have certain obligations under law to fufil.

The Notice of Intended Marriage must be lodged with me no later than a month and a day prior to your wedding day. This documentation remains valid for a period of 18 months .

In special circumstances, a ‘shortening of time’ may be authorised the prescribed authority but there is very clear criteria before consideration of a reduced time frame is permitted.

In occasion, the Notice of Intended Marriage cannot be completed with both parties present , and in this instance, it is permissible for one party to sign the required document , however, the notice must be completed in my presence and all appropriate documentation sighted before the marriage can be conducted for you.

There is very specific documentation that is acceptable. If you were born in Australia, a birth certificate, a certified copy of your birth certificate or an extract of entry is required. An Australian passport is not acceptable evidence of birth. If however, your country of birth is not Australia, then a birth certificate from your country of origin or overseas passport is the documentation that will be required.

If you have been previously married, documentation is required to support evidence of your divorce and hence, your ability to marry again. Since July 1, 2001, a Certificate of Divorce has been issued to couples with both the dates of decree nisi and decree absolute noted on the document. If you were divorced prior to this date, I will need to sight your Decree Absolute.

Couples marrying following the death of one or both of their previous partners, will need to provide me with the Certified Copy of Death Certificate to verify their ability to marry again.

If you are under 18 years of age, it is illegal to marry unless you obtain Parental Consent and a Court Order under Section 12 of the Marriage Act.

As mentioned above, there are special circumstances where a ‘shortening of time’,may be allowed reducing the mandatory notice of one month and one day. Whilst the considerations are listed below, it should be noted that each case is considered on it’s merit and you should not assume automatic approval even if you meet the desired criteria for special consideration.

One or more of these circumstances would need to apply :

Employment related or travel commitments
Wedding/celebration arrangements that cannot be altered or which would incur a significant financial penalty.
Medical reasons
Legal proceedings
An error in the giving of the notice (on the part of the Celebrant only)

Application to enter Australia under the Prospective Marriage Fiancee Category.
For further information regarding this application process, please refer to ‘www.immi.gov.au/migration/family/partners.htm’.

Should you require further clarification or advice regarding any of the information listed above..please contact me via e-mail or phone direct.

 

For further information on legal documentation and other frequently asked questions please see the page Wedding Questions Answered.

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