MARRIAGE IN AUSTRALIA
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The Civil Marriage Program
An authorised marriage celebrant must fulfil all legal requirements for solemnising the marriage. This includes:
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accepting a notice of intended marriage,
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signing all legal documentation,
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sighting particular documents, as required by the Act,
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saying the words required by section 46 of the Marriage Act 1961,
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being physically present at and witnessing the marriage ceremony, and
ensuring
that the couple clearly express their commitment to each other as
husband and wife in front of the witnesses in accordance with
Section 45(2) of the Act.
A civil wedding ceremony can be personalised to suit your individual taste, allowing you to consider a wider variety of locations, themes, styles and cultural influences.
Couples should
have a choice of service considered appropriate to them, their family and
friends.
They are encouraged to input into their "Service". As well as, writing their
'Vows', multi-choice selections are offered to build up from, to make their
Wedding Service unique to them.
My Motto is:-
Beach and garden ceremonies can be part of your wedding when using an Authorised Civil Celebrant.
The
legal requirements are as described by the Marriage Act 1961-1976.
The legal requirements of 'getting married' are quite straightforward and once you have decided how you'd like to be married, the celebrant will advise you of your responsibilities, and help ensure you meet them.
However, in all
areas of life, it pays to know where you stand legally, so we'll take a quick
look at how the law sees your intention to wed.
A
Notice of Intended
Marriage
a 'month' before the date of your
wedding, needs to be lodged with the celebrant you choose - whether the
celebrant is a civil or religious one, or one at the registry office or court
house.
However, whilst you may book your celebrant, legal notice can not be given more
than 18 months before.
One months notice means, you may marry on the corresponding number of that day
in the next month to the day's number when your Notice of Intended Marriage was
lodged
For example, if your Notice of Intended Marriage on the 1st January, the
earliest you may marry is the 1st February.
If the date is so late in the month, that there is not a
matching number of day in the next month, then it is the next available day is
the day upon which you can marry.
For example:
Giving your celebrant Notice on the 31st January, means you may marry on 1st
March but not earlier.
Giving your celebrant Notice on the 31st August, means you may marry on 1st
October but not earlier.
Closer to the wedding date would require that you gain a
'Shortening of Time' from a Prescribed Authority.
But this requires special circumstances and is by no means guaranteed.
It is best not to take that risk !
This
time is supposed to prevent 'spur of the moment' marriages, similar to the 'Door
to Door Sales Act' cooling off period, giving partners time
to reconsider their decision. In exceptional cases, this waiting time may be
waived/ or shortened by the "Prescribed Authority" in each state and
Territory of
Australia.
The "Notice of Intended Marriage" Form may be downloaded here or at the Bottom of the page.
Your, may decide to wait until your celebrant, provides you with the "Notice of Intended Marriage" either as an email or snail mail to your postal address. On completion of the form it should be lodged with your celebrant. Once lodged you have started the legal marriage process!
At the Interview with the Celebrant you will require to produce: (1) Proof of identification as to who you are. (2)If you are an Australian born Citizen:- An extract or original (also sometimes called a full certificate) of your Birth Certificate!
Important note: As of 9/11 in 2000 in the USA all Australian born citizens will only be issued with full certificates, 'extracts' are still recognised as a primary source document.
For Overseas Born Citizens:
Birth Certificates as
well as,
Passports
for
identification.
If either party has been previously married in addition to the above:
(3)
A Decree Absolute or Death Certificate is required as proof that any other
previous marriage has been terminated.
All Documents presented as proof are to be in the English Language or translated
into English by National Accreditation Authority for Translators and
Interpreters Ltd (NAATI)
Tel: 1300 557 470 or email
info@naati.com.au
website, www.naati.com.au, or other
recognised authorities as prescribed from time to time.
Overseas Marriage in Australia
Department of Immigration
- prospective Spousal Visas:
Comprehensive information and advice for Overseas Couples
a speciality
for
applications to Department of Immigration:
If you are arranging for your overseas fiancée to arrive into
Australia on a visa for marriage, then I can help you.
On completion of the 'Notice of Intended Marriage' form (NOIM),the
sighting of appropriate documentation and payment of fees, I will
issue you with a letter to satisfy the needs of the Immigration
Department in support of your application.
So you are
holiday and want to marry in Perth!
I can you help! Use our on-line
enquiry service, Do you have a question regarding Marriage in Perth drop me a
line -email
with your question, this will be answered in a
quick turn-around
All other conditions to Marriage in Perth are if overseas Born Citizens: Birth Certificates as well as, Passports for identification and proof of any previous marriage termination documents.
Download the Notice of Intended form here, remember it must be signed in front of a qualified witness see page 2.
If one
partner wishing to marry is under 18 years of age, the legal road ahead is going
to be a little rockier, than if you were both 18 years or older. If one partner
is younger than 18, you must have parental consent and a magistrate or judge's
order before you can be married.
The same applies if both partners are younger
than 18, but it appears to be more difficult to receive the magistrate's or
judge's order if both partners are not legally of age.
Person's under the age of Eighteen years of age cannot legally be married without a court order. Marriage of any person under 18 years without an order of a judge or magistrate is Invalid.
After
you have decided where you want to be married, it's time to set a date ... and a
time. To do this, firstly have several suitable dates and times. It's now time
to, approach your celebrant, to book his services and your chosen venue
for an available date and time.
Living in Perth, we are blessed with nine months of the year sunshine, so
outdoor weddings are a common theme. Be aware to allow your guests to have
shade from the intense rays of the sun.
If it appears to be a very hot day be prepared to opt for an indoor
venue Generally the months of December to March can be extremely hot. Be
concerned for the welfare of your guests and any 'oldies' who might not
be able to handle the extreme temperatures in the full sun or the heat
of the day. So if the venue you are using has an inside air-conditioned
room please use that as a last resort should the weather be too extreme
There
are many ways to make your wedding different. No longer must you stick to
tradition with a white dress, in a church, with a priest, on a Saturday
afternoon - although many couples still prefer to.
Today's couple's popular choice, is to be married on a Boat, going up the Swan
River, or even, out to one of the Islands in Cockburn Sound, you might
even consider Rottnest Island - our Holiday Haven.
The 'Swan Valley's Vineyards' with its numerous cafe's and restaurants are
popular choices for today's couple's getting married. Many Venues have
designed beautiful layouts for the wedding ceremony to take place and
offer packages.
The 'Valley's'
settings are not only romantic but idyllic.
Themed weddings, too are gaining popularity. If you or your partner
have strong cultural backgrounds, you may choose to theme the wedding in
that way, for example with a Scottish, Asian, or Aboriginal theme. Or, if
you met in an unusual way, for example on a Greek island, you could theme
your wedding in much the same way.
How about a 'Medieval Wedding'? or a 1920's - Theme:-
Gangsters and the old Elliott Ness Style cars.
Other themes popular are Celtic, romantic candlelight, flowers and sunset.
Once you have decided on a theme, you need to decide how to carry it out.
Most couples dress themselves and their attendants in accordance with the
theme, as well as, decorating the ceremony area and reception venue
appropriately. Guests too, are invited to dress-up in the theme.
You can also use theme-styled invitations, flowers, jewellery, and wedding
cake.
If you know enough about your theme, you can plan your entire wedding to
match it.
Consider
ways to make your wedding different:
* Hold a Surprise wedding for your guests invite them to a Bar-B-Que or a party.
At the appropriate time make the announcement of the wedding to take place.
*Hold your wedding at dawn, in a garden ceremony, then follow it up with a
champagne breakfast.
* Hold the champagne breakfast first, then the ceremony, then jump onto a
chartered boat with your new spouse and float away for a carefree day.
* Hold a fancy dress party, and surprise guests by turning up as a bride and
groom who get married!
* Some cultures hold weddings that go for days - with a pre-wedding day
celebration feast, wedding day, and post-wedding day breakfast. Have an extended
wedding celebration - for as long as you
like.
* Hold an intimate ceremony on a beach at sundown.
Themes for your particular day are as endless as your mind allows.
How about a Sunday?
An interesting point to remember when choosing a date is that Saturday, after all, is only one of the days in the week!
As you probably haven't started planning yet, you may not realise that the majority of weddings take place on a Saturday - and there are only 52 Saturdays in a year with only one 3:00 PM. on each of these Saturdays!
Many
Wedding Professionals and suppliers offer largely-discounted rates for Sundays
(or any day that is not a Saturday).
During the week is extremely popular and
you can save a packet! So, if you can't fit your wedding plans in on a Saturday,
or if you would value the lower rates, consider a Sunday or a Week-day wedding.
Ask for rates and you will surprised!
Note: This offer does not apply to Good Friday or other Public Holidays.
Garden or Park
Many couples choose to marry in a private garden setting, as it can provide a less formal environment and a more 'natural' service.
If you are lucky, you may have your own beautiful garden or know someone who is willing to let you be married in theirs.
If not, you can be married in a public garden, or in a private garden hired for the event.
If you have chosen a public garden such as a park, you should book with the local council to avoid conflicting venue arrangements
Beautiful
garden settings are now being used in a rather different, but very
Australian way - the Country Wedding.
You should also take into consideration the following:-
Council permission, Consider
Children and Supervision. Shade for the Guests. The Height of the Sun,
Toilets and other amenities. Walking distance for the disabled, ramps for
the disabled with wheelchairs etc. and Parking facilities. Transportation
of Signing table and backless chairs for signing the paperwork
Natural Bush Settings
The natural beauty of our Australian bush is the scene for these weddings, with historic homesteads and country hospitality.
Many traditional-style homesteads have been restored and renovated to accommodate wedding receptions, with accommodation often provided for the happy couple and their guests.
Beach Weddings
Living in a State that boasts one of the most beautiful coastlines in the world, it's no wonder many West Australian couples choose to marry on a beach, especially towards sunset.
Like garden weddings, beach weddings can be less formal, and more 'natural' than church weddings. For many couples, marrying on the beach is a natural choice as it reflects an important part of their relationship and lives together.
Beach weddings, like all weddings, are bound by some restrictions and considerations.
As well
as the points relating to garden weddings, couples choosing to marry on the
beach should remember the following:-
Council permission, Consider Children and Supervision. The sand between the
toes. The Sun, Walking distance for the disabled, and ramps for wheelchairs etc.
Toilets and other amenities. Parking facilities
Non-Denominational Churches
For those still
inclined to have a church wedding that option can still be used, as there are
quite a number of Church Buildings that have been "Decommissioned as Religious".
So the traditional Church Wedding can still be held. These are scattered
throughout the Metropolitan area and as far South as Pinjarra.
But, do remember there is nothing finer or more relaxing than utilising the
beauty of
gardens rather than manmade structures of adoration.
To view a typical Marriage Service layout. click here
Notice
of Intended Marriage
The Notice of
Intended Marriage Form can be Downloaded here.
You will need Acrobat reader installed, once downloaded, the form can be
completed on screen and should be printed out. The 'Save
function' has been disabled.
Right click and save as to your
computer
Notice of
Intended Marriage
Please Note: The following are strictly adhered to: See Code of Practice Marriage Act 1961(Regulation 37L).
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