What are the Legal Marriage Documents in Australia?

As a Commonwealth-registered Authorised Marriage Celebrant, a major part of my job is to make sure the legal side of your marriage is all sorted - whether you're having a wedding or an elopement. Here's a breakdown of all the different legal documents that I'll be preparing (and you'll be signing) during the marriage process.

What are the legal documents for a marriage in Australia?

The Marriage Act 1961 and Marriage Regulations 2017 set the rules for getting married in Australia. There are certain documents you'll need to sign during the marriage process. While I'm a Perth-based celebrant in Western Australia, these rules are the same across Australia, so no matter where you're getting married in Australia, you'll come across these documents.

Five legal marriage documents

Let me introduce you to the 5 legal documents that will form the paper trail to transform you into lawfully wedded spouses.

1. Notice of Intended Marriage (nickname – the NOIM) – signed in front of an authorised witness - usually me - and received by a registered celebrant up to 18 months before, and no less than one month before, the marriage

2. Declaration of No Legal Impediment to Marriage (nickname - the DONLIM) – signed just before the ceremony

3. Marriage Certificate copy 1 – signed during the ceremony, which I keep

4. Marriage Certificate copy 2 – signed during the ceremony, which I send, along with the NOIM and DONLIM, to Births, Deaths and Marriages in order for your marriage to be registered

5. Couple’s Marriage Certificate (referred to in legalese by those in the biz as a 'Form 15') – signed during the ceremony, which you keep. (It’s fancy!)

   
   

Do you help us with our legal documents as part of your package, or is that covered by an additional extra fee?

Don’t worry, when you book me as your celebrant, it's all included. I’ll prepare all of these and guide you through everything step-by-step as part of your package.

Let's look in a bit more detail at each of these documents.

Notice of Intended Marriage (NOIM)

The signed Notice of Intended Marriage (NOIM) must be received by the celebrant no less than one month, and no more than 18 months, prior to your ceremony.

When it’s time to prepare this, I’ll send you an email with a link to an online form for you to fill out your details directly into my system. I’ll then prepare the NOIM paperwork for signing by both of you in front of an authorised witness. The witness is usually me (with some exceptions that I’ll discuss with you if relevant.)

The completed NOIM stays with me until after the marriage is ‘solemnised’ at the ceremony. Following the ceremony, I’ll lodge it, along with your other marriage documents, with the Registry of Births, Deaths and Marriages.

Declaration of No Legal Impediment to Marriage (DONLIM)

Signed just before the ceremony, this is a declaration stating that you are not currently married, that you are not in a prohibited relationship (ie siblings or parent /grandparent and child/grandchild), that you are of marriageable age (over 18 years old), and that you believe there is no other legal impediment to your marriage. I will sign this with each of you separately on or close to the ceremony day..

Three Marriage Certificates

During the ceremony, there are three Marriage Certificates that are signed by both of you, your witnesses and me - that’s 15 signatures in total!

·       Two copies of a certificate listing your details and the details of your marriage; one of these is for my records, and the other is sent to Births, Deaths and Marriages.

·       The (fancy) couples certificate is your copy that you take home with you on the day.

Signing the legal documents during the ceremony at this outdoor wedding by the Swan River

Fun fact: Australian Marriage Law is federal legislation, but each state and territory has their own Registry of Births, Deaths and Marriages.

What happens to our marriage documents after the ceremony?

You'll keep your fancy marriage certificate, and I'll take the rest with me. I'll submit your documents and any other necessary details to the Registry of Births, Deaths and Marriages in the State or Territory where the marriage took place. Celebrants are legally required to do this within 14 days of the marriage; in practice I usually complete this within a couple of days (and sometimes even on the day of the ceremony!)

Once they have registered your marriage, you'll be able to order an Official Certificate of Marriage from them. This is the document you'll need to prove that you're married for anything official eg a name change. I'll send all the details about this when it's time.

Legal Marriage Paperwork sorted

I make the marriage process easy and stress-free for my couples. While legal marriage paperwork might not seem like the most exciting part of planning your wedding, it's important that everything is completed accurately and within the legal timeframes and parameters - otherwise your marriage might not actually be legal. You can trust me, as a Registered Authorised Marriage Celebrant since 2020, to get it right and guide you every step of the way.

For more information about getting married in Perth, Western Australia, check out my other blog posts