Erica Schamberger
CMC
Formalities / Legal Requirements
You should be at least 18 years of age to marry in Australia. Marriage of persons who have
attained the age of 16, but are under 18, require a Magistrate's Order as well as parental consent.
The law also stipulates that if both parties are under the age of 18, no marriage can take place.
A Notice of Intention to Marry (NIM) must be lodged with the Celebrant at least one month prior to
the wedding day, and no longer than 18 months prior.
Couples from Overseas can have their NIM witnessed by a Notary or Australian Consular Officer,
which is then sent to the Celebrant by mail.
If you are bringing your partner into Australia on a Prospective Spouse Visa, I can provide you with
the necessary letter for the Immigration Department.
Documents Required
(to be sighted only and noted by the Celebrant).
- For a person born in Australia ....... an original Birth Certificate or Birth Extract.
- For a person born Overseas ......... a Birth Certificate or Passport from their country of birth.
- If Divorced .................................. same as above, plus Certificate
of Divorce.
- If Widowed ................................. same as above, plus Death Certificate of previous spouse.
Actual documents or certified documents are required. Photocopies or certified photocopies are
not acceptable.
Witnesses
You are required to have 2 witnesses to the ceremony, preferably people known to you.
The witnesses may be your children, but they must be over the age of 18.
Legal Requirements in a Marriage Ceremony
The couple's names (either 2 given names or first given name and surname) must be stated
during the ceremony.
The Monitum must be said by the Celebrant - these are the words required under the Marriage Act,
in which the Celebrant reminds the couple that marriage is a serious undertaking and must not
be regarded lightly.
The words 'husband' and 'wife' must also be used in the promises made to one another for the
future (The Vows).
Notice of Intention to Marry (NIM)
The NIM can be emailed to you if you wish. Please use the Contact Page
Legalities