All that legal stuff

So you wanna get married here in Australia? Are you like the 4 out of 5 couples that choose a civil (i.e. non-religious) ceremony? Well then it's important for you to familiarise yourself with the legal processes involved. As your celebrant I will absolutely be your legal guru and guide you through every single step, but sometimes it helps to have it aaaaall laid out so you can have a read through.

Groom Sam getting ready to sign on the dotted line on the ceremonial certificate of marriage. Photo from Hayley Morgan Photography

Step 1 - Choose a Commonwealth-registered marriage celebrant

To have a legally recognised civil ceremony, you must engage a Commonwealth-registered marriage celebrant. I am one, so you’ve already done that if you’ve found me! As an authorised celebrant I am duly authorised by Australian law (the Marriage Act 1961) to perform marriages and it’s my job to know that Act, the associated Regulations and the published guidelines for celebrants like the back of my hand. But choosing your celebrant is so much more than just finding someone who is registered - it's important to find a celebrant who aligns with your values, style, and vision for your ceremony.

Step 2 - Notice of Intended Marriage (NOIM)

The first step in the legal process is to lodge a Notice of Intended Marriage (NOIM). This form must be completed and lodged with me as your marriage celebrant at least one calendar month prior to your wedding day. Both partners must provide all their personal information and any required documents, including proof of birthplace and date and proof of identity, and also proof of the end of any previous marriages (if applicable). Fear not - I will guide you through this process and will send you a secure link to collect all this information so I can populate the NOIM digitally for us to sign together, which we can do either over a catch up or via a video call (noting that video call remote witnessing is only currently available until 31 December 2023 unless the Australian Government heeds the call of celebrants to make this permanent).

Step 3 - Declaration of No Legal Impediment to Marriage (DONLIM)

Before and as close a practicable to your wedding ceremony, you and your partner will both need to sign a Declaration of No Legal Impediment to Marriage. This document confirms that you are both eligible to marry and that there are no legal barriers to your union (for example, already being married, being in a prohibited relationship, or having been on the booze so hard whilst getting ready that you can’t consent… Don’t be that person!) Often, I will come and find you right before that walk down the aisle so you can sign this document on the iPad while I quickly check in with you and confirm final logistics.

Step 4 - Marriage ceremony

On your wedding day, as your marriage celebrant I will conduct the ceremony not only according to your preferences, but also according to the legal requirements of a marriage ceremony. For example, I’m legally required during your ceremony to identify myself as an authorised celebrant, to say the Monitum where I remind you both of the legal nature of the relationship into which you are about to enter, and you’re both required to say your legal vows to one another (in addition to your personal vows too, should you wish). Your two witnesses (who are at least 18 years old and understand English) must also have witnessed these legalities. Once again, it’s my job to ensure all these requirements are met, and I’ve not managed to stuff that up yet so I reckon I’ve got this bit solid!

Step 5 - Signing the marriage documents

Either during or immediately after the ceremony, you, your partner, your two witnesses and me as your celebrant will all sign the marriage paperwork. These documents include the official Certificate of Marriage (this one goes to Births, Deaths and Marriages) and your ceremonial certificate of marriage (often known as The Pretty One, though of course prettiness is highly subjective). These documents serve as proof of your marriage and are essential for legal purposes.

Step 6 - Marriage registration

Following your ceremony, I as your marriage celebrant am responsible for registering your marriage with the relevant state or territory registry of Births, Deaths and Marriages within 14 days. I’m a bit of an overachiever so I typically get this done within 48 hours. I will also automatically order an authorised copy of your official marriage certificate on your behalf as this is included in all my packages.

So there you have it! Getting married in a civil ceremony in Australia involves several legal steps, but with the guidance of me as your Commonwealth-registered marriage celebrant and legal process guru, I promise this will all be a lot less intimidating than it looks.

So let’s get you hitched!