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Legal Obligations

Under the Marriage Act 1961, there are certain obligations that you, as a couple intending to get married, must meet prior to a marriage ceremony being legally conducted.

A Notice of Intended Marriage must be lodged with your chosen Marriage Celebrant no less than one month and one day and no more than eighteen months prior to the marriage taking place.

You are required to produce your original Birth Certificate, in the case of persons born outside Australia a Marriage Celebrant can accept an overseas passport and a statutory declaration with details of birth date, place and parents with an explanation as to why the birth certificate is not available. 

In the case of persons previously married an original copy of your Decree Absolute or divorce order, and in the case of a widow/er, an original copy of the death certificate must be produced. There are occasions when a marriage has been "annulled" and where this is the case documented evidence must also be produced before the marriage can take place, so it is important that you allow adequate time to acquire the required documents.

Prior to your wedding, both partners will be required to sign a declaration, under the Marriage Act 1961, stating that you believe there is no legal impediment to the marriage between yourself and your partner.

At the completion of the ceremony, you will be required to sign the Marriage Register and Marriage Certificate, together with two witnesses over the age of eighteen, this certificate will be presented to you on the day. The celebrant is required to register the marriage with Birth, Deaths and Marriages Register once the ceremony has been completed and a full registered certificate can be obtained should you require it for any proof of name change.

As a qualified marriage celebrant, I will be able to provide professional advice for your specific circumstances at your initial consultation, in the meantime, you may like to refer to my frequently asked question page to ease your concerns; remember I am here to help make your day special!

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