rings

 

Let's celebrate weddings - the joining of two people in love

 

The Legal Aspects of Marriage

I'll guide you through the process. Simply contact me to discuss your circumstances and we'll work together to ensure your wedding is everything you want it to be.

In Summary:

Under the marriage Act 1961 there are certain obligations that you, as a couple intending to get married, must meet prior to a marriage ceremony proceeding.

A Notice of Intended Marriage (NOIM) must be lodged with me no less than one month and one day and no more than eighteen months prior to the wedding date. You can download the NOIM here* (a new window will open).

Under normal circumstances the Notice of Intended Marriage would be completed at our first meeting. If only one of you is available to sign the NOIM there is no problem providing it is signed within the statutory period. The second person can sign it at a later date before the marriage takes place.

The bride and groom must arrange for two witnesses, each of at least 18 years of age, to be present at the ceremony. If this poses any problem for you, please discuss your situation with me and I'm sure we can find a solution.

I need to sight certain documentation before the marriage can take place, including your original Birth Certificate, or authorised extract of such certificate. If you were born in Australia the Marriage Act insists that there is no reason why you can't produce your birth certificate. You can download an application form to obtain one (NSW)* should you not have it.

In the case of persons born outside Australia, I can accept a passport as proof of identity, or Australian Citizenship Papers if applicable, but can also take a Statutory Declaration explaining why the birth certificate is not available.

If either party has been previously married, you must provide me with evidence of the termination in the form of a Certificate of Divorce or equivalent (if divorced) or a full Death Certificate (if widowed). Certificates in a foreign language must be translated into English by an authorised interpreter/translator service. By law, photocopies are not accepted.

Prior to your wedding, both of you will be required to sign a declaration, under the Marriage Act 1961, stating that you believe there is no legal impediment to the marriage between yourself and your partner.

You must be aged 18 years or over to marry. If a person, not yet 18, wishes to marry prior to his or her 18th birthday, only a court empowered to give a 'Section 12' order can give authority for this marriage to proceed. You can lodge a Notice of Intended Marriage prior to your 18th birthday, as long as the marriage occurs after the birthday.

Please feel free to discuss your situation with me - contact me.

Changing your name information:

The Australian Passports Office has information regarding having a passport issued in your married name - read more here (a new page will open). The Australian Passport Information Service (APIS) provides a telephone information service to callers inside Australia seven days a week.  When you call your questions will be answered by trained and experienced staff.  You can contact APIS on 131 232 for the cost of a local call.  Hours of Operation are (EST) 8am to 8pm weekdays and 8:30am to 5pm weekends and most public holidays.

The NSW Registry of Births, Deaths and Marriages has up to date information on how to change your name. Read more here (a new page will open)

If you want information from the Registry of Births, Deaths and Marriages in your state - click here for the websites link (a new page will open)

*You need Adobe Acrobat Reader to open the PDF files. You can download Acrobat from the Internet.