Weddings: What you need to know before you get married
Other ceremonies
Love commitments, reaffirmations
and namings, are not recognised by
law so you need not worry about
legal implications as long as it is
made clear that a wedding is not
being performed.
Under Section 41 of the Marriage Act the marriage
must be performed by, or in the presence of, a
celebrant or a minister of religion who has been
authorised by the Attorney-General’s Department.
Under Section 44 the ceremony must be attended
by two witnesses over the age of 18 years, who
are known to the bride and groom.
Section 112 states that an interpreter must be
present to translate the ceremony if either of the
couple being married does not understand
English. This interpreter must be a person other
than a party to the marriage and must provide a
statutory declaration confirming their ability to
converse in the language in respect of which he or
she is acting as interpreter.
I need to receive a completed Notice of Intended
Marriage from you at least one month and one
day prior to your wedding. Under unusual
circumstances this period can be shortened – ask
me about it if this is the case. Once your
notification has been received you have 18
months to proceed with the ceremony before
another notification is required.
You can download the Notice of Intended Marriage
by going to the link above and clicking on the
relevant line. (This is for your information only – I
can provide the form when we see each other)
Please do not sign or date it before our first
meeting as I need to witness your signatures.
At least one of you must be over 18 - under Section
12 of the Marriage Act, if one of you is over 16 but
under 18 you need a special court order before a
marriage can proceed.
If either of you has been married before, under
section 23B of the Marriage Act a divorce absolute
decree or a death certificate must be produced as
evidence that you are no longer married.