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Apr
08

Getting Married in Australia - The Legals

Getting Married in Australia - The Legals

The Marriage Act of 1961 says that you must comply with these six things below in order to get married in Australia:

1. your relationship must be between a man and a woman

2. you must be 18 years of age or over
(Under rare circumstances, a person between the age of 16 and 18 can marry, provided their prospective marriage partner is 18 years or over, and the couple have been granted permission by a Court)

3. you must not be married to anyone else

4. you cannot marry a person who is your antecedent or descendant by marriage or adoption

5. you must both be capable of and give free consent to marry the other 

6. you must lodge a Notice of Intended Marriage (NOIM) form with your celebrant no earlier than 18 months and no later than 1 month before your ceremony
(A prescribed authority may authorise a marriage where a NOIM form is lodged within one month of the date of the ceremony - ask your celebrant for details)

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So, if you can say yes to all six of the Marriage Act rules, or you have been granted the necessary permissions, then you are clear to start planning with your celebrant.

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Making the union legal between you and your partner can sometimes be a confusing business which is why it's a great idea to #AskaCelebrant and they will explain all the requirements to ensure your marriage is legally valid.  

You can find a TCN Celebrant in your area through the TCN website.

Your celebrant must also sight original forms of your ID and divorce/death certificates (not photocopies) before the ceremony can take place. 

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Some legal things that you might not know:

It is an offence, punishable with fines and/or jail time:

* for a person to go ahead with their marriage when the haven't complied with the 6 rules stated above and for a celebrant if they knew and solomnised the marriage anyway
* for a couple or a celebrant to falsify documents, by giving false information or backdating forms and certificates

* for a person who is not an authorised celebrant to solemnise a marriage
* for an interpreter to give false information

During the ceremony

The celebrant must state that they are authorised to solemnise marriages according to the law, and recite the monitum - which literally means "warning" that informs a wedding couple of the legal expectation of the binding nature of marriage within Australia, then the couple states that they want to become legally married to each other.  

This all has to be done in front of your celebrant and 2 witnesses who are over 18.

To conclude the ceremony, you, your celebrant and your witnesses sign three certificates and then your paperwork is sent off to the BDM in the state your ceremony took place to be registered.

And that's it!  It's that simple!

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FAQ:
What about if I want to surprise my fiance and organise the wedding without them knowing?

I'm sorry, but this just can't happen.  
You can surprise your guests, but both people who are getting married must have full knowledge and be in agreement at least one full month before the ceremony date.

Can I marry my first cousin?

Yes, you can.

Will my name be changed after the ceremony?

No, If you choose to change your name after you are married, you can automatically take your partner's surname without doing anything.  You can officially change your name, by going into government departments - Passport Office, Department of Transport, your bank, Medicare, etc, however.... you will first need to obtain an official marriage certificate from the BDM in the state you were married in.  

The pretty certificate you get on the day is a legal document that shows you are married but is not accepted by government departments and others for changing your name.

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Read More Information Here

If you have any questions relating to legally getting married in Australia, you can find one right here: Find a TCN Celebrant

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Jan
27

Making It Legal

Are you wanting to get married, but not sure what you need to do?

 

The law in Australia at the moment is that legal marriage you must comply with these five things:


1. your relationship must be between a man and a woman

2. you must be 18 years of age or over *

3. you must not be married to anyone else

4. you cannot marry a person who is your antecedent or descendant by marriage or adoption

5. you must both be capable of and give free consent to marry the other 


If you can say yes to all five of those stipulations, then you are clear to start the getting married process with your celebrant.

 
Making the union legal between you and your partner can sometimes be a confusing business which is why it's a great idea to #AskaCelebrant and they will walk you through all the important legal requirements.  
 
You can find a celebrant in your area by clicking here.

 

Your first job, after finding your celebrant, is to complete the Notice of Intended Marriage form, commonly known as the NOIM.  Once this is filled in (your celebrant can help you) you lodge it with your celebrant.  This must be done no earlier than 18 months and no later than one whole month before your ceremony date.

Read more

 

If you are lucky enough to have found the one you love and they just happen to be the same sex as yourself then we are working hard to ensure that you are able to marry legally here in Australia.  However, until that time comes there are avenues in some states where you can register your union.  Click here for more information.

Why not speak to your celebrant about a Commitment ceremony or 'Betrothal' ceremony in preparation for full equality in marriage becoming legal in Australia?

Read More

* Under rare circumstances, a person between the age of 16 and 18 can marry, provided their prospective marriage partner is 18 years or over, and the couple have been granted permission by a Court as prescribed in the Marriage Act 1961.

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