Can I get married if I am a tourist in Australia?

 

Read on for FAQs pertaining to this question, including if your marriage in Australia will be legally valid back home.

Planning a trip to Australia from overseas and wondering if you can get married whilst you are here?

  

Short answer: Probably!

Longer answer: There are a few requirements that must be met first.

Here’s the good news. You do not have to be an Australian citizen or permanent resident to get married in Australia. People of any gender, race and sex can be legally married here, UNLESS any of the following apply. (Yes, we have marriage equality in Australia!)

To get married in Australia, you must satisfy the following requirements:

• You must not already be married to your partner or anyone else.
• You must not be marrying your parent, grandparent, child, adopted child, grandchild, brother or sister.
• You must be at least 18 years old, unless a court has approved a marriage where 1 person is 16-18 years old.
• You must understand what marriage means and freely agree to marry without coercion.
• You must use specific words during the ceremony.
• You must give a notice of intended marriage form to an authorised marriage celebrant at least 1 month and no more than 18 months before your wedding.
• You must be married by an authorised marriage celebrant

Who do we lodge the Notice of Intended Marriage with?

  

Your authorised celebrant in Australia.

How do we lodge our Notice of Intended Marriage from overseas?

  

• Via email is the easiest option. Or registered post, if you are sure it will get to the destination in time. An emailed Notice becomes the original document once in the hands of the celebrant. You do not need to post or bring your original Notice with you to Australia. But please get confirmation that it has been received by your celebrant and everything is in order!

• PLEASE SEE BELOW FOR IMPORTANT INFORMATION ON HOW TO GET THIS FORM WITNESSED BY AN AUTHORISED PERSON IF YOU ARE OVERSEAS.
• Required documents such as passports can be scanned and emailed to the celebrant if you are comfortable with this. You should ask your celebrant what their policy is in terms of privacy considerations. Your celebrant must also legally ensure that they are satisfied as to your identity.  So, IN ADDITION to any emailed documents, they will ask to see you holding your chosen photo identification up next to your face. This must be done either in person or over video call.

Steps for overseas couples wanting to be married in Australia

To get legally married in Australia:

• Complete a Notice of Intended Marriage form (PDF 883.06KB) and give it to your celebrant between 1 to 18 months prior to the ceremony.
• PLEASE SEE BELOW FOR INFORMATION ON HOW TO GET THIS FORM WITNESSED BY AN AUTHORISED PERSON IF YOU ARE OVERSEAS.
• Show your celebrant documents that prove your date and place of birth, identity, and that any previous marriages have ended. Passports (overseas passports are OK) OR original birth certificate PLUS a form of photo ID. If applicable, proof of the termination of your last marriage- divorce/death certificate.
• Sign a declaration that there are no legal reasons preventing you from marrying.  Your celebrant will provide you with this form once you are in Australia and it must be signed by you both in the physical presence of your celebrant.
• You must have two witnesses (one each) present during the ceremony, both of whom are over 18 and who must be able to understand you saying the below legal sentence to each other and then sign their name to that effect.
• Your celebrant will perform the official ceremony on your wedding day, including certain words required by law that make the marriage legal.

The celebrant MUST SAY:

“I, (insert name of celebrant), am duly authorised by law to solemnise marriages according to law. Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are about to enter. Marriage, according to law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into for life.”

Additionally, the couple MUST EACH SAY:

“I call upon the persons/people here present to witness that I (full name), take thee/you, (full name) to be my lawful wedded husband/wife/partner/spouse.”

• You must each sign 2 copies of the marriage certificate plus 1 Commemorative marriage certificate on the day of the wedding, along with your celebrant and witnesses.
• Your celebrant will register the marriage with the registry of births, deaths and marriages in the state or territory that the ceremony took place.

Once married:

• Your celebrant may be able to apply for an official marriage certificate on your behalf when they register your wedding, and organise for it to be posted to an address of your choosing, either within Australia or overseas: OR
• You can apply for a marriage certificate from the registry of births, deaths and marriages in the state or territory where you were married. As opposed to the commemorative certificate that you keep on the day, you will need this one from the births deaths and marriages department if you want to change your name or prove that you are married.
• Please note, different states/territories charge different fees for this official marriage certificate. Ask your chosen celebrant for more information!

Will my marriage in Australia be recognised anywhere in the world?

Short answer: Probably but not definitely.

Longer answer: Generally speaking, marriages are considered valid in countries if the requirements for marriage in that country match those of Australia.

For example, are you from a country that prohibits same sex marriage? Or does not allow people under 18/19/20/21 to marry? Or does not allow marriages of eg first cousins etc? It is best to check with the laws in your country to ensure that your marriage in Australia will be valid in your home country.

Where will my marriage be registered?

Your marriage in Australia will be registered in the state or territory of Australia in which you are married.

Who can witness our signatures on the Notice of Intended Marriage?

Good question!

• If you are definitely going to be in Australia more than one calendar month prior to your marriage ceremony, your chosen celebrant here can witness you signing your Notice of Intended Marriage . Remember, this form MUST be lodged with your celebrant at least one calendar month prior to marriage but not more than 18 months prior. Your celebrant can witness you signing.
• If you are overseas and not going to be in Australia at least one calendar month prior, your Australian celebrant IS NOT authorised by law to witness you signing the Notice of Intended Marriage under any circumstances. In this case:
• When overseas and wanting to lodge a Notice of Intended Marriage, you will need someone in your country to witness you signing it. The list of authorised people in your country appears at the top of page 4 of the Notice. “If the party signs the Notice outside of Australia- an Australian Consular Officer, an Australian Diplomatic Officer, a notary public, an employee of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1955, or an employee of the Australian Trade Commission authorised under paragraph 3(d) of the Consular Fees Act 1955. Note: For the definitions of Australian Consular Officer and Australian Diplomatic Officer, see section 2 of the Consular Fees Act 1955.”
• ^ confusing? Call the Australian Embassy in your country. Ask if they have any of the above authorised people to witness your signatures on the NOIM. Make an appointment and take your NOIM, plus your passports in case you are asked for identification.

What happens after our signatures have been witnessed by an authorised person on our NOIM?

You email the Notice to your chosen Australian authorised celebrant for lodgement. They may charge a fee for this. Personally, I charge a lodgement fee in combination with my booking fee. This then comes off your total invoice. Ensure that you receive written confirmation from your celebrant that your Notice has been successfully lodged.

PLEASE NOTE. THE DATE OF LODGEMENT IS THE DATE YOUR CELEBRANT RECEIVES THE NOTICE. THIS IS IMPORTANT IN CONSIDERING THAT YOU CAN ONLY BE MARRIED ONE CALENDAR MONTH AFTER LODGEMENT AT THE EARLIEST.

What if we miss the one-month cut-off date for the lodgEment of the Notice of Intended Marriage?

Sadly, you may not be able to get married on your chosen date. You could, however, still have a commitment ceremony and get the legals done at a later date. In specific and limited circumstances, you may be able to still get legally married. That is a topic covered here.

Would you like to get help to get married in Byron Bay, the Gold Coast, Tweed Heads or elsewhere? Contact me here!