The Legal Side of Getting Married
Let’s talk legals. One of my most important roles as your celebrant is to make sure your marriage is legally valid in Australia. I take care of the paperwork, guide you through each step, and make sure we tick all the right boxes together.
Here’s what you need to know.
1. The Notice of Intended Marriage (NOIM)
This is the first legal form you’ll sign. It tells the government that you plan to get married and includes all your key details.
Timing:
It must be signed, witnessed and lodged with an Authorised Marriage Celebrant at least one month before your wedding date. It is valid for up to 18 months.
Witnessing:
I can witness your NOIM when we meet, or it can be signed in front of a qualified witness (like a JP, doctor or police officer) if you’re interstate or overseas. Remember, it must be lodged with me (or another celebrant) at least one month before the wedding can take place.
What you need to bring:
Either your passport, or
Both your birth certificate and driver's licence
If you’ve been previously married, your divorce certificate or death certificate of your former spouse
2. Declaration of No Legal Impediment to Marriage
This is the final piece of paperwork you’ll sign before the ceremony. It confirms there is no legal reason stopping you from getting married.
It must be signed as close as possible to your wedding day. I usually do this when I check in with each of you individually before the ceremony begins.
3. Meeting Each of You Before the Ceremony
By law, I need to speak with both of you individually before the ceremony. This allows me to confirm your identity and make sure you are entering into marriage willingly and without coercion.
I’ll usually do this during my pre-ceremony check-in when I arrive on the day. It’s a quick and relaxed conversation to make sure everything is in order and you’re both feeling good.
4. Legal Wording in the Ceremony
There are a few legal words that must be said during your ceremony.
From me:
I’ll say a short paragraph known as the Monitum. It outlines my role and the legal definition of marriage in Australia.
From you:
You’ll each say one legal sentence to each other in front of two witnesses. This is your legal vow and is separate from your personal vows. I’ll guide you through it on the day so you don’t need to memorise anything.
5. The Official Paperwork
On the day, you’ll sign three documents:
Two copies of the Official Certificate of Marriage
The Commemorative Certificate (this is the one you keep)
You’ll need two witnesses who are over the age of 18 and understand what they’re signing. These can be friends, family members, or anyone else you choose. If you’d like to do something a little fun or surprise someone special with this role, just let me know. I’m always happy to help make it meaningful.
6. After the Wedding
Once you’re officially married, I submit your paperwork to the Registry of Births, Deaths and Marriages in the state where your ceremony took place.
If you’re getting married in New South Wales, I can also help you apply for your official marriage certificate at the same time. This is the legal certificate you’ll need to change your name, apply for visas, or update official records. It’s different from the commemorative one you sign during the ceremony.
7. Changing Your Name
Getting married does not automatically change your name. Once you receive your official marriage certificate, you can start the process if you choose to.
Some people keep their name. Some choose to hyphenate. Others take a new shared surname. It’s entirely up to you.
If you’d like help navigating the change, check out the Name Change Checklist in the Optional and Special Touches section of this hub.
And remember…
The legal side of getting married might sound serious, but I’ll make it simple and straightforward. I’ll take care of the details, make sure everything is accurate and submitted properly, and answer any questions you have along the way.
You’re doing this once. I do it every week. You can relax knowing the legal stuff is in safe hands.