The Legalities of Marrying in NSW, Australia

LEGALITIES TO PLANNING A DESTINATION WEDDING IN BYRON BAY

Planning a destination wedding in Byron Bay does not have to be complicated - especially when it comes to the legalities of getting married. We asked Ann Taylor a local Byron marriage celebrant from Ceremona Weddings for her insight on how to ‘make it official’ Aussie style.

“I’m American born and know what it is like to plan events internationally. Because I was ordained as an officiant in the States a few years ago and have helped friends marry there, I’m also across all the details of how marriages in the US and Australia are legally different. Americans are usually surprised to hear that you don’t need to apply for a marriage licence in Australia and that marriage celebrants are authorised by the federal government, not ordained like they are in the States. Read on to find out more about how we make it official in the Land Downunder.” - Ann

Step By Step

Who can marry in Australia?
In Australia, marriage is defined as ‘the union of 2 people to the exclusion of all others, voluntarily entered into for life.’ Marriage equality was officially legislated in December 2017 and it means that ALL couples can marry, so long as they are eligible.

For eligibility, you must:

- not be married to someone else;
- be at least 18 years old (unless a court approves the marriage where one party is between 16-18 years old);
- Not be marrying a close relative; and
- Understand the meaning of marriage and fully consent to it taking place.

For international couples:

You do not have to be an Australian citizen or permanent resident to legally marry in Australia. However, it may be the case that your own country does not recognise a marriage in Australia as valid under local laws. It is worth checking with your state or national authorities first to see if marriages that take place in Australia are legally recognised in your state/country. Also find out if there are any other steps you need to take to make an Australian marriage valid at home.

A commitment ceremony in Australia is always an option if you are required (or would like) to legally marry in your own country. Celebrants performing a commitment ceremony must make it clear to everyone present that it is not a legal marriage ceremony.

Who can perform your legal ceremony in Australia?

- Marriage Celebrants registered by the Commonwealth
- Ministers of Religion
- Officers at the Registry of Births, Deaths and Marriages or Court Officers

Couples who want to marry at the location of their choice and have a totally personalised ceremony will need to book a Marriage Celebrant. In Australia, Marriage Celebrants have qualified for the role and are authorised by the Commonwealth (federal) Attorney-General. They have strict legal obligations and meet annual ongoing development requirements.

Legal Process for marriage in Australia
Definitely do your research to find a celebrant that resonates with you as a couple. Your wedding ceremony is such a personal experience and the person who creates it should vibe with you two completely. It should feel like a good friend is standing next to you on the day.

It is important to book your celebrant more than a month before your wedding, so the first step in the legal process can be completed on time.

1. Notice of Intended Marriage

This Notice must be completed and lodged with your celebrant at least one month before your ceremony, but no more than 18 months beforehand. It confirms your identification (including date and place of birth) and eligibility to marry.

In extreme circumstances, the notice period of one month can be shortened, but authorisation by a prescribed authority is required.

Your signatures on the Notice must be witnessed by a qualified person. For Australian residents, this is fairly straightforward. For international couples, your celebrant can assist you to find out who is the most appropriate witness in your country - it will usually be a Notary Public or a diplomatic/consular officer.

Your celebrant is legally required to provide you with a brochure entitled “Happily Ever Before and After”, which outlines information about marriage education and counselling. I usually give this to my couples around the time that the Notice is completed.

2. Declaration of No Legal Impediment to Marriage

This Declaration is completed by your celebrant and usually signed by you either the week of or on the day before the ceremony.

The purpose of this form is to declare that you are not married to anyone else and to confirm your belief that there is no legal impediment to the marriage.

The reason for signing the declaration just before the ceremony is because circumstances sometimes change between completeion of the Notice of Intended Marriage and the ceremony.

3. Marriage Ceremony

Your celebrant must say the required legal wording during the ceremony (a short paragraph called the Monitum) and the two of you must say the required legal vows (just a short sentence that can be added on to any vows you write yourselves).

There also must be 2 witnesses who are 18 or older. If you are eloping, the witnesses can literally be any adults - the photographer and videographer or every people passing by on the beach! Your celebrant can organise the witnesses if you are planning to elope in a more remote area.

If you are not fluent in English, your celebrant can organise an interpreter since it is essential that you understand everything that is said during the ceremony.

During the ceremony, 3 copies of the Marriage Certificates will be signed by you two, the witnesses and your celebrant - one of which is a commemorative copy that you get to keep (please note this copy is not the official copy - you’ll need to order this from the State Birth Deaths and Marriages department after the ceremony and pay a small fee - it can take a few weeks to be issued since the marriage will need to be formally registered after your celebrant lodges their documents).

I love helping interstate and international couples create wedding ceremonies that are worthy of the effort they’ve made to travel to Byron Bay. I also adore styling and have limited availability each year to create stunning, bohemian dreamscapes for my couples’ weddings (the photos featured here are from a styled shoot I created). Definitely be in touch if you have any questions about the legal process or where to start your planning.

For more information about the legalities of getting married in Australia and Byron Bay, visit:

https://www.ag.gov.au/FamiliesAndMarriage/Marriage/Pages/get-married.aspx

https://www.nsw.gov.au/births-deaths-marriages

Thank you to Ann of Ceremona Weddings for her local insight.