Di McDonald Celebrant
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Legal Requirements

What documents are required? 

Before you are married, persons born in Australia must produce their original Birth Certificate or Australian Passport. 
Persons born outside of Australia are also required to produce their original Birth Certificate, however, in the absence of that document, they can produce their passport. If either of these documents are not in English, they must be translated into English by a qualified interpreter. 


If either of you have been previously married an original copy of your Certificate of Divorce or, in the case of widowhood, an original copy of the Death Certificate must be produced.

How much notice do we need to give before we marry?

By Australian Law, a Notice of Intended Marriage (NoIM) must be lodged with your Marriage Celebrant no less than one month prior to the marriage being solemnised. This is usually completed and signed at your first meeting with your Marriage Celebrant.
​Note: This cannot be lodged more than eighteen months prior to the ceremony. 
View marriage requirements
​Marriages in Australia are solemnised under the Marriage Act 1961 and requirements are:

  • You must be over the age of 18 years to be married in Australia.
  • To be married in Australia you can not already be lawfully married, or in a prohibited relationship. This means you cannot be too closely related to each other.
  • A Notice of Intended Marriage (NoIM) must be lodged with your Marriage Celebrant no less than one month prior to the marriage being solemnised. Note: This cannot be lodged more than eighteen months prior to the ceremony. This is usually completed and signed at your first meeting with your Marriage Celebrant.
  • You are required to produce your original Birth Certificate. If you were born in Australia your Birth Certificate can be ordered from the Department of Births, Deaths & Marriages in your state. You do NOT have to be an Australian Citizen or Resident to marry in Australia
  • You are required to provide photo ID
  • Although Birth Certificates are preferred, in the case of persons born outside of Australia a Marriage Celebrant can accept an overseas passport in lieu of the Birth Certificate. You do NOT have to be an Australian Citizen or Resident to marry in Australia. 
    - Passports can be expired but not cancelled. If you don’t have a passport and your birth certificate has been
       lost or destroyed and you genuinely have tried to obtain a new one, you may fill in a Commonwealth
       Statutory Declaration, which I can assist you with
  • If either of you have been previously married an original copy of your Certificate of Divorce or, in the case of widowhood, an original copy of the Death Certificate must be produced.
  • Only original documents can be accepted.
  • Prior to your wedding, you will both 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
  • Two witnesses over the age of 18 are required to witness your ceremony.
  • Any foreign language documents must be translated into English and a NAATI accredited Translation Certificate supplied
  • As directed by the Attorney Generals Department I will also give you the pamphlet Happily Ever….Before and After.

Legal FAQs 

What legal wording is required during the ceremony?
Your ceremony must contain the Monitum & Legal Wording to conform with the Marriage Act 1961.
​Your full name must be said once in the ceremony. 
What are the legal requirements for vows?
​Mandatory legal vows must be stated which can then be followed by personal vows. These legal vows must be audible to witnesses and guests. All other aspects of the ceremony are optional.
Who can witness the ceremony?
​The ceremony must be witnessed by two people, over the age of eighteen years. They must be able to speak and understand English, otherwise an interpreter will be required. At the completion of the ceremony the two persons being married, 2 witnesses and the Celebrant are required to sign the Marriage Register and Certificate.

An interpreter can be engaged for your family, if you wish,  as it is important that guests hear and understand the ceremony. 
An interpreter would be absolutely essential if the witnesses did not speak English. and an official NATI interpreter would need to be booked.
Do we have to attend any pre-marital courses?
Pre-marital courses are not necessary but if you require any advice please contact:
Relationships Australia          1300 364 277             www.relationships.com.au
Interrelate                                 1300 736 966              www.interrelate.org.au
How do I change my name after the marriage ceremony?
At your ceremony you are presented with a commemorative certificate, however this is generally not sufficient to change your. After the ceremony I will lodge the official documentation with the Registry of Births Deaths and 
Marriages on your behalf. You will then be issued with your legally recognised certificate, which you can use to change your name

Application forms* 

Picture
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*Note: The following forms are for informational purpose
             only 
             Where forms state that they need to be certified by a
             qualified witness as true copies of the original: A
             qualified witness is a: Justice of the Peace; notary
             public; legal practitioner with current practising
             certificate; and/or a person authorised to
             administer an oath under Section 26 of the Oaths
​             Act 1900. 
​
  • ​Notice of Intended Marriage (NoIM) 
  • Application for Birth Certificate
  • Application for Marriage Certificate
  • Statutory Declaration Form





As a Civil Marriage Celebrant and Justice of the Peace, I am able to guide you through all the legal requirements of marriage up until the solemnisation of your marriage in accordance with the Commonwealth Marriage Act 1961.

 I will ensure all legal obligations are met from the lodgement of the Notice of Intended Marriage (NIM) to the registration of your marriage after the ceremony has taken place.
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  • Home
  • About
    • FAQs
    • Memberships
    • Testimonials
  • Weddings
    • Same Sex Marriage
    • Destination Weddings
  • Ceremonies
    • Funerals
    • Naming
    • Renewal of Vows / Commitment Ceremonies
  • Legalities
    • Marriage and Immigration
    • Non-citizens and non-residents
  • Gallery
  • Friends
  • Contact