The Marriage Act 1961 and Marriage Regulations 2017 set the rules for getting married in Australia.
We can provide general guidance on marriage in Australia, but we can't give you specific legal advice.
For guidance about getting married you should chat with one of The Celebrants Network Inc (TCN) celebrants which you can find HERE.
To get married in Australia, you must:
- not be married
- not be marrying a parent, grandparent, child, grandchild, brother or sister
- be at least 18 years old, unless a court has approved a marriage where 1 person is 16-18 years old
- understand what marriage means and freely agree to marry
- use specific words during the ceremony
- give a notice of intended marriage form to an authorised marriage celebrant at least 1 month and no more than 18 months before your wedding
- be married by an authorised marriage celebrant.
You don't have to be:
- an Australian citizen
- a permanent resident of Australia.
Marriage equality
The right to marry in Australia is no longer determined by sex or gender.
Important updates: changes to the Marriage Act
The following changes to the Marriage Act became law on 12 June 2024:
- providing couples with the option to have their Notice of Intended Marriage (NOIM) witnessed remotely, via audio-visual link, as well as in person
- requiring an authorised celebrant to meet separately and in person with each party to the marriage before the marriage is solemnised
- re-ordering the acceptable evidence of date and place of birth
- clarifying the circumstances for when a NOIM can be transferred to another authorised celebrant includes at the request of the marrying couple
- clarifying that a celebrant must be physically present to solemnise a marriage, together with the parties and 2 witnesses.
Before you get married
Before you get married, you need to:
- complete a notice of intended marriage form – TCN marriage celebrants can assist with this form as well as answer any questions you may have.
- give it to an authorised marriage celebrant at least 1 month (but not more than 18 months) before your wedding.
If you are currently based overseas, you can complete it before arriving in Australia. Your chosen TCN marriage celebrant will be able to guide you on how to complete and submit your completed form in the required time frames.
If there is less than 1 month until your wedding, talk to your authorised marriage celebrant. You may be able to get married if a prescribed authority approves it. Reasons for getting married in less than 1 month include:
- employment-related or travel commitments
- wedding or celebration arrangements
- medical reasons
- legal proceedings
- error in giving notice.
Your TCN marriage celebrant will also need:
- evidence of your date and place of birth (birth certificate or passport)
- identity (driver's licence or passport)
- proof that a previous marriage has ended
- to meet separately and in person with each party to a marriage.
Download a Notice of Intended Marriage form
Download a Notice of Intended Marriage form or other forms from our website.
The Notice of Intended Marriage form was updated on 1 September 2021.
After you get married
On your wedding day, 3 marriage certificates must be signed by:
- you and your spouse
- your authorised marriage celebrant
- 2 witnesses, who must be over 18 years old
Your TCN marriage celebrant will give you a certificate of marriage on the day. This is a ceremonial certificate of your marriage and cannot be replaced if lost, damaged or accidentally destroyed.
Your celebrant must then (within 14 days of the marriage) submit your marriage paperwork to the registry of Births, Deaths and Marriages (BDM) in the state or territory you got married in. Most states now provide online registration options making it easier for your marriage to be registered as well as to order the Official BDM Certificate of Marriage, if requested.
If you have chosen not to order your Official BDM Certificate of Marriage via your celebrant or that function is not available, you can apply directly through the BDM in the state or territory you got married in.
The Official BDM Certificate of Marriage proves your marriage has been officially registered and is required if either party wants to change their name or prove they are married.
Get married overseas
Smartraveller has information on getting married overseas.
Overseas marriages cannot be:
- performed by an Australian-authorised marriage celebrant
- registered in Australia.
An overseas marriage is generally recognised in Australia if it:
- was a valid marriage in the overseas country
- would have been a valid marriage here.
You may be able to use your overseas marriage certificate to prove that you got married. However, some states and territories don't accept overseas marriage certificates if you want to change your name.
In some cases, couples find it easier to hold a simple elopement ceremony here in Australia and then a Celebration of Love ceremony overseas.