Legal Requirements
A marriage can only be solemnised in Australia when:
1. A Notice of Intended Marriage has been given to the celebrant within the required notice period.
2. Each party has produced the following documents to the celebrant, evidence of:
a) Date and place of birth – birth certificate or passport
b) Identity – passport or a photo ID document like a driver’s licence, a proof of age/photo card
c) The termination of any previous marriage – divorce certificate, annulment certificate or death certificate if widowed.
3. Each party has made a declaration as to their belief that there is no legal impediment to the marriage.
4. The celebrant is satisfied that the marriage will be valid, including that each party has given real consent to marry
Documentation
The following original documents must be shown to your celebrant to satisfy the legalities of marrying in Australia:
| Category | Documents required |
| Evidence of birth |
An official birth certificate, or an official extract of an entry in an official register showing your date and place of birth, OR A valid Australian or foreign passport |
| Identity |
A valid Australian or foreign passport, OR Identity – passport or a photo ID document like a driver’s licence, a proof of age/photo card |
To satisfy a party’s eligibility to marry in Australia, the relevant document will be required to be sighted by your celebrant based on your current marital status:
| Marital Status | Documents required |
| Never Validly Married |
Evidence of Annulment – Certificate of Annulment / Decree of Nullity (if applicable) |
| Divorced |
Evidence of Divorce – Certificate of Divorce/ Divorce Order or Decree Absolute. |
| Widowed |
Original Death Certificate of your spouse |
Foreign Language Documents
If you are born overseas and your documentations (Birth Certificate, Divorce Certificate etc) are in a foreign language, your documents will need to be translated into English.
This is the couple’s responsibility to have your documents translated by an accredited translator. The NAATI website has a list of translators. Once you have done this, you will need to bring along all the original documents (in foreign language) and the translated English versions to your celebrant.
Statutory Declarations
If a party does not have a birth certificate or a passport, the party may make and give to their celebrant a statutory declaration setting out the reasons why it is ‘impracticable’ (impossible) to obtain your birth certificate or extract and/or that you do not have a passport.
The declaration must also state, to the best of the declarant’s knowledge and belief, and as accurately as the declarant has been able to ascertain, when and where the party was born. If you are in this situation, I can assist you with preparing your Statutory Declaration.
