Legal Stuff – The All-Important Marriage Forms
Besides planning an amazing wedding celebration, there are a few legalities that come with getting married in Australia including some paperwork pushing, sorry to say. Here’s a run-down of the all-important (and simple to complete) Australian marriage forms.
It’s not exactly the most exciting part of wedding planning but hey that’s why we have celebrants. A big part of our role as celebrants in Australia is to coordinate the legal stuff for you, check the details and have it sent to the right people on your behalf.
I have to admit I was a tad excited when the Attorney General Department released three new legal forms back in 2021. These forms were YEARS in the making. It all came about when the marriage equality legislation was passed on 9th December 2017. In the interim, we used a slightly updated form with terminology changes to reflect that marriage in Australia is no longer determined by sex or gender . The most obvious change was from Bride and Groom to Party 1 and Party 2. Since then the forms have been changed once again to Person 1 and Person 2.
The first and most important legal doc that you should be aware of is the Notice of Intended Marriage (NOIM). Note this form must be completed, signed and witnessed at least one month and no earlier than 18 months prior to your wedding day. Your celebrant will provide you with a copy, a weblink or you can download it yourself from the Attorney General’s Department Website.
It's best to type your details using BLOCK LETTERS into the PDF document. We all know handwriting these days for many of us are pretty illegible. It’s important that the details are correct as this is what will appear on your Official Marriage Certificate. Once done, either print it out for your signatures to be witnessed, or your celebrant might have a digital version on a tablet. If you’re meeting up with them, it can signed and witnessed electronically.
The first two pages of the NOIM provides instructions for completing the form so go ahead and take a read. It’s fairly simple to follow but if you have a unique dynamic such as name changes or unknown details just reach out to me and I’ll help with completing it.
key parts of the NOIM for you to complete are:
1. Details of the parties
This part requires your personal ID details such as full name as shown on your birth certificate or change of name certificate, occupation, address, conjural status, birthplace (that appears on your birth certificate or passport), place of birth, date of birth and whether you are related to each other (note: some relatives can marry each other and some cannot. I’ve never had a couple tick yes. I dare say it’s a rarity but it still happens in this day and age…).
2. Details of the parties’ parents
This section has seen the most change from the old form to the new. It now requires the details of both set of parents. Both their full current names and their full birth names (this is relevant if they have changed their names since birth). It also asks for each parent’s country of birth.
We celebrants are responsible for checking every little detail. We need to make sure that everything corresponds with your ID docs and making sure it’s written correctly on the form which means it’ll be correct on your official Marriage Certificate, most importantly.
Before I witness your signature, I’ll need to sight your ID documents. We usually arrange these legalities in our planning catch up together.
This is what I’ll need from you:
Your original birth certificate and drivers licence
OR your original current or expired (but not cancelled) passport
And if you’ve been married before, I’ll need to sight:
Your original divorce paper from the court
OR a death certificate if you are a widow or widower
If we don’t get around to completing every mandatory field on the NOIM, no problem we can add the missing details anytime before your wedding. If we can't find a time to meet together in-person to sign the NOIM, we can arrange a video call to sign the NOIM remotely. Alternatively, you can arrange for another authorised witness can do it- a JP, lawyer, medical practitioner or police officer. If you are based overseas, we won’t be able to sign the NOIM remotely via a video call. Instead, you’ll need to approach a local notary public or head to the nearest Australian embassy. Just remember, I must receive the NOIM (either in-person or via email) at least one month before your wedding day.
There are a few more legal docs to sign along the way. Another new legal form is the Declaration of No Legal Impediment which I will complete and have you sign before the ceremony, either at our final catch up or on the day before we start. I also bring along the Legal Certificates of Marriage on your wedding day. We’ll do the signing of these Certificates at the end of the ceremony, with your two nominated witnesses. Your witnesses can be anyone (par myself) that is 18 years and over.
Once the ceremony is all done and the legal paperwork is signed, I’ll register your marriage through the Registry of Births, Deaths and Marriages (BDM). They’ll receive the legal documents electronically from me. That’s when it really is official - you’re 100% MARRIED!
Lastly, if you are thinking of changing your name, or if you need proof of marriage for visa, immigration and financial purposes – you’ll need to apply for your Offical Marriage Certificate marriage. Apply for it online, via post or in person through the Registry of BDM. In NSW, it currently costs $68 for a standard version. What’s much easier is if I apply and pay for this on your behalf when I register your marriage paperwork. I just add the $68 to my final invoice and it will arrive to your home via registered post within 2-6 working days. Sorted!
That’s it folks. If you have any doubts about anything on the admin and legal front, just let me know. I’m here to help or I can, at least, lead you in the right direction.
Cheerio!