This stuff can get pretty boring but if you are stressing about the legals for your upcoming marriage, I’ve got you covered.
As a Melbourne based celebrant I HAVE to know the basics because it is I, that is responsible for sending in paperwork and ensuring it’s all official!
YOU SHOULD NOT HAVE TO WORRY ABOUT THE LEGAL PAPERWORK + CERTIFICATES!
Your celebrant should be responsible for not only the signing of the first document (the NOIM) but another form you sign prior (Declaration of No Legal Impediment) as well as filling out the THREE marriage certificates and getting them where they need to go!
You will not be allowed to even start this process until it is ensured:
Both parties are OVER 18 years at the time of the wedding day. Consent from a parent or guardian, as well as court approval must be received otherwise.
You MUST NOT be related! Grandparents, siblings, adopted siblings, parents.
You MUST NOT already be married. You'll need access to the divorce or death certificate.
You consent to the marriage and understand what marriage is!
DOCUMENTATION:
The Notice of Intended Marriage (NOIM) HAS to be signed at least one month prior to the ceremony.
What to organise for this:
Your drivers license or passport (Form of ID)
Your Birth Certificate
Any Divorce or Death Certificates necessary
I fill this out for my couples and we sign it together or over Zoom if they live far away!
Declaration of No Legal Impediment is signed before the ceremony either at the rehearsal or on the day, prior to the ceremony.
Form 18 Certificate (Pretty Marriage Certificate) is signed on the day along with two other boring-looking ones that are for the celebrant to keep and to give to the BDM register.
PLEASE NOTE: This Certificate is not the official certificate of marriage that you need for future paperwork. You will need to apply for a copy from your local Births, Deaths and Marriages Register after your celebrant has uploaded the NOIM and received a successful process.
Some celebrants do this for you at the time of submitting the NOIM as it is easier, so please ask them prior to this stage!
WHAT NEEDS TO LEGALLY BE SAID IN A CIVIL MARRIAGE CEREMONY BY THE CELEBRANT:
Their full name.
Their authorisation to solemnise marriages legally.
The monitum - what marriage is according to law.
BY YOU:
Your name and how you take your partner to be your lawful wedded …
WHAT DOESN’T LEGALLY NEED TO BE INCLUDED:
A ring exchange -------
Personalised vows
A wedding party
Parents or Maid of Honour/Best Man to sign the certificates
This is everything in a nutshell. Super brief BUT hopefully super handy and way better than reading a 1000 word at least document.
If you are wanting more information then please read Bronte Price’s blog https://bronteprice.com.au/legal-marriage-requirements-australia/
He has added a whole lot more detail and is a good read if your circumstance is unique.
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