A guide to the steps that lead from “Yes!” to “I do”

Why do we need to have a ceremony anyway?

The wedding ceremony is an opportunity to perform all of the statutory requirements of a marriage under the Marriage Act 1961. This could be done with the two of you, your two witnesses, and a celebrant in less than ten minutes, or it could be done in front of hundreds of your friends and family – it is entirely your decision.

The Paperwork

Notice of Intended Marriage

The first form must be completed at least one month before your wedding ceremony, and no more than 18 months before your wedding ceremony. It is the start of the formal process of marriage. It can be submitted by a person whose divorce is still pending, and if there are any delays, you can simply complete a new one - but be sure to account for the one-month waiting period.

Identification

Even if I know you personally, I am required to identify you on behalf of the Australian Government before accepting your Notice of Intended Marriage. In order to do so, I will need to see the following:

• Category A Document – the start of your identity in Australia:
  • Official Birth Certificate issued by an Australian Registry of Births, Deaths, & Marriages
  • Australian Citizenship Certificate
  • Certificate of Australian Citizenship by Descent
  • Australian Visa and your foreign passport
• Category B Document – a current and valid government-issued photo ID showing your signature:
  • Passport
  • Driver’s Licence
  • Proof of Age Card
• Evidence of any changes of name since your Category A Document was issued:
  • Change of Name Certificate issued by an Australian Registry of Births, Deaths, & Marriages
  • Marriage Certificate issued by an Australian Registry of Births, Deaths, & Marriages
• Evidence of your birthplace if you have not provided it in one of the previous documents
  • This could be a foreign birth certificate
  • If you do not have a birth certificate, a Commonwealth Statutory Declaration attesting to the date and location of your birth, as well as the reasons why it is practically impossible to obtain a birth certificate signed by you or one of your parents is acceptable.

Additional Documents Required Where a Party has Previously Been Married

In Australia, a person can only legally be married to one person at a time, and part of the Celebrant’s role is to ensure that both parties to a marriage are currently unmarried.

Where the previous marriage ended in divorce or annulment, you must provide the official paperwork dissolving or annulling the marriage. The name of this document varies depending on when your previous marriage ended. If a marriage has not yet ended, we can begin planning but won’t be able to proceed with the ceremony until your divorce is finalised.

Where the previous marriage ended with the death of a spouse, that person’s government-issued Death Certificate must be provided.

Translation

If any documents are not written in English, you must provide a translation by a translator accredited by the National Accreditation Authority for Translators and Interpreters as well as the original document.

Additional Documents Required Where One Spouse is Aged 16 or 17

In the event that a person aged 16 or 17 wishes to marry someone aged 18 or over, they need their parents’ consent and a court order that authorises them to marry that specific person. The marriage must occur within three months of the court order being made.

THIS IS GENERAL ADVICE ONLY, YOU SHOULD CONSULT A SOLICITOR TO UNDERSTAND YOUR LEGAL OPTIONS PROPERLY

It is rare for a court order authorising the marriage of a 16/17 year old to be made.

Two people under 18 years of age may not marry under any circumstances.

A person under 16 years of age may not marry under any circumstances.

Declaration of No Legal Impediment to Marriage

This form is completed shortly before the wedding, and it is the formal certification that you are both able to marry. It cannot be completed by someone whose divorce is still pending, and the marriage will be unable to proceed until this declaration can be completed.

Marriage Certificates

During the ceremony, three copies of the ceremonial marriage certificate are signed. One is obviously for you, one is kept in my records (see my Privacy Policy), and the last one is forwarded to the Registry of Births, Deaths, and Marriages so that your marriage can be registered.

Once the Registry of Births, Deaths, and Marriages registers your marriage you can (and should) order a copy of the registered marriage certificate. This is different from the one you sign on the day because it has a registration number that can be electronically verified when applying for passports, bank accounts, and so on.

Determine the Structure of the Ceremony

The minimum requirements for a wedding ceremony are surprisingly short. I am required to identify myself as an authorised marriage celebrant, and the two of you as the people to be married, explain the definition of marriage under Australian law, you are required to make the legal vows in the form specified by the Marriage Act 1961, and we are to sign three certificates (along with your two witnesses). Other than that, the rest of the ceremony is up to you.

Almost all the traditional elements of a marriage ceremony that you may have expected to see are entirely optional. Some of the popular elements are listed below, along with some examples of what we could say during this part of the ceremony.

Preparing the Script

When we begin to work together to develop the script for your ceremony, I will need to know a lot of information about you! Some of the questions that you should be prepared to answer include:

• The date, time, and location of the ceremony
• Your names (both legal names and what your family/friends call you day-to-day)
• What title you both plan to take? (Bride, Groom, Partner, or Spouse)
• What is the vibe you envision for the ceremony?
  • Stiff and formal?
  • Carefree and full of humour?
• How you wish to be introduced at the end of the ceremony
• What do you want to see included in your ceremony?
  • Do you plan to write your own vows?
  • Would you like me to make an Acknowledgement of Country?
  • Would you like to invite a traditional owner to perform a Welcome to Country?
  • Will there be any readings or music included?
  • Will one or both partners be given away or have some other blessing from their families?
• Are there any rituals you would like to include in the ceremony? Some possibilities include:
  • Handfasting
  • Candle Ceremony
  • Jumping over a broom
  • Ring warming
  • Sharing of wine
• Are any guests coming from a particularly long distance that should be acknowledged?
• Are there any children that will also be part of your new family to include?
• Any other key people who need to be acknowledged?
• What is the story of your relationship?
• Will there be an interpreter at the wedding?

Witnesses

You must provide two witnesses to sign the marriage certificates on the day. These people must be aged 18 or older, and it would be their role to testify in court if the marriage were ever questioned.

Your witnesses should ideally know you personally, however, it is legally sufficient that they establish your identity from your documents.

Marriage Education Services

Pre-marriage counselling and education gives couples a range of skills and knowledge to build a lifelong marriage together. As you go through life’s ups and downs together, it will be important to have solid communication and relationship skills to help each other through the hard times. There are also special courses available to help navigate the added dimension and challenge brought to a marriage when there are children from a previous relationship.

For more information about the services and advice available for couples and families, visit the Family Relationships Online website at www.familyrelationships.gov.au or phone the Family Relationship Advice Line on 1800 050 321.

Changing Your Name After Marriage

In Australia, if you choose to adopt or incorporate (or remove) your spouse’s surname, you can generally do so without going through the formal change of name process - your evidence of this change of name is your registered Marriage Certificate issued by the Registry of Births, Deaths, and Marriages.

If you want to change your given names as well, you will need to contact the Registry of Births, Deaths, and Marriages in the state/territory that you were born in. People who were born overseas can use the registry where they are living now (there may be some residency requirements - check with the specific Registry for details)

How to Make a Complaint

I would ask that you bring any misgivings or complaints to me in the first instance, but if you feel the need to make a formal complaint, you can do so by contacting the Marriage Law and Celebrants Section of the Commonwealth Attorney-General’s Department using the official form available from their website: https://www.ag.gov.au/families-and-marriage/marriage/complain-about-marriage-celebrant

Making a Complaint

Complaints must be made within three months of you becoming aware of the problem, and the receipt of your complaint will be acknowledged by the department in writing.

You can complain if a marriage celebrant has broken the rules in the:

• Marriage Act 1961
• Marriage Regulations 2017
• Code of Practice for Marriage Celebrants

Once your complaint has been received, the Attorney-General’s Department will review it to make sure that they have all the information they need, it has merit, and there is not a more appropriate government department to review the complaint (such as the Australian Competition and Consumer Commission or a state Fair Trading Body) and they may open an investigation.

They will not deal with a complaint when:

• it was not made on the approved form
• it is not about the solemnisation of marriage by a marriage celebrant
• it is frivolous, vexatious, misconceived, lacking in substance or is not in good faith
• the complainant does not have sufficient interest
• the complaint is not made within 3 months
• the substance of the complaint has been previously heard
• the complaint is the subject of other processes
• the complaint would more appropriately be dealt with by another body.

The Attorney-General’s Department will treat your personal information are required under the Privacy Act 1988 (Cwlth), the Australian Privacy Policy, and their Privacy Policy.

After completing their investigation, the Attorney-General’s Department will advise the complainant and myself of the outcome of the investigation. Possible outcomes could include:

• Formal warning
• Requiring me to complete further training
• Suspension of my registration as a celebrant.
• Deregistration

However, they generally only take disciplinary action where there is a serious or ongoing breach of the Marriage Act 1961 or the Marriage Regulations 2017.