Legal

Legal Requirement and Formalities

Getting Married in Australia

Civil Marriage:

  1. Notice of intended marriage (NOIM)
    You are required to fill the Notice of Intended Marriage (NOIM) at least one-month notice (not more than 18 months’ notice) of an intended date of marriage.  You will need to lodge this form with me.
  2. Evidence of date and place of birth
    Both the bride and groom are required to provide the following:
    • Photo ID – Passport or Australian Driver’s License
    • Proof of date and Place of Birth – Birth certificate or Passport
  3. Previous marriages
    If either party has been previously married, you must provide:
    • Divorce Certificate (if divorced) or
    • a full Death Certificate (if widowed).

    If the above paper work / certificates in a foreign language, must be translated into English by an authorised interpreter/translator service.
    Note: Photocopies are not accepted.

  4. Two witnesses over the age of 18 are required to sign the Marriage Register and Certificates.

Both Islamic and Civil Marriage:

This type of service is the combination of the Islamic and Civil marriages.
The only thing for Islamic marriages the witness needs to be adult male Muslims and for cilvil marriage any two witnesses can be any two adults.

Marriageable age

The marriageable age is 18 years.

You don't have to be an Australian citizen or a permanent resident of Australia to legally marry here. You can find marriage visa information on the Department of Immigration and Border Protection website, if you hope to live in Australia after your marriage.

Islamic Marriage:

This means I conduct an Islamic only marriage ceremony which entitles you to an Islamic only marriage contract. This marriage ceremony is not registered with the Australian Government.
Requirements for this Service

  1. Photo ID – Passport - Driver
    Both the bride and groom are required to provide the following:
    • Photo ID – Passport or Birth Certificate
  1. Witnesses – Two Muslim male witnesses are required to witness the wedding agreement.
  2. Wali - is an Arabic word with a number of meanings, including "custodian", "protector", "helper". An authorized agent of the bride in concluding a marriage contract in Islam.

A Wali can be the bride's birth father, her paternal grandfather, brother, paternal uncle or any male relative from her paternal side. If there is none available, then the Marriage Celebrant will assume the role as a Wali.
Note: A female cannot be a wali.

Letter and Notice of Intended Marriage form for the Department of Immigration:

Fiancé Visa (Prospective Marriage Visa) Immigration Requirements.
If you or your fiancé are about to immigrate or in the process of immigrating to Australia, in order to comply with the requirements of the Immigration Department if you wish to obtain a fiancé visa (Prospective Marriage Visa subclass 300), you will need to make arrangements to marry within 9 months of the date on which the visa is granted.
The Department of Immigration will ask you to supply an Evidence of Notice Letter from a celebrant. This requires you to complete the Notice of Intended Marriage with a Marriage Celebrant who is authorised by the Commonwealth of Australia, and have the Celebrant write a letter to the Department, advising them of your intended marriage in Australia.
It will be my pleasure to assist you.
What you need to do:
Make an appointment to meet with me (if one partner is still overseas it is acceptable for only the partner in Australia to make the arrangements),
Bring with you to the meeting all documentary proof of identity required
Pay the booking fee for your ceremony (this fee is non-refundable and includes the cost of completing the Notice of Intended Marriage and the cost of the letter for the Department of Immigration)
Discuss a date for the marriage and complete the Notice of Intended Marriage.
I will then produce the letter for the Department of Immigration, advising them that you and your fiancé intend to marry and the date of the wedding.

NB: Should the Australian citizen/permanent resident who will be the sponsor also be overseas, or it be inconvenient for the Australian citizen/permanent resident to meet face-to-face with me, all of the above can be achieved from a distance.

Immigration Department information about Prospective Marriage Visa (subclass 300)

Overseas Couple Marrying In Australia:

Getting Married In Australia
If you are from Overseas you are allowed to get married in Australia. Couples coming from Overseas will need the following to be married in Australia:

  1. A Notice of Intended Marriage (NOIM) must be lodged with me at least one month prior to the wedding taking place. You can arrive on the morning of the marriage providing all the legal paperwork is in order.
    You will have to send the paperwork by email. However, the NOIM and other paperwork needs to be attested. The following is a list of those persons in whose presence the Notice of Intended Marriage can be signed outside Australia:
    • an Australian Diplomatic Officer.
    • an Australian Consular Officer.
    • a notary public.
    • an employee of the Commonwealth authorised under para 3(c) of the Consular Fees Act 1955.
    • an employee of the Australian Trade Commission authorised under para 3(d) of the Consular Fees Act 1955.

    You will need to bring the documents with you. The documents must be originals – photocopies are not legally acceptable.

  2. Evidence of date and place of birth
    Both the bride and groom are required to provide the following:
    • Photo ID – Passport or Australian Driver’s License
    • Proof of date and Place of Birth – Birth certificate or Passport
  3. Previous marriages
    If either party has been previously married, you must provide:
    • Divorce Certificate (if divorced) or
    • A full Death Certificate (if widowed).

    If the above paper work / certificates in a foreign language, must be translated into English by an authorised interpreter/translator service.

    Note: Photocopies are not accepted.

  4. Two witnesses over the age of 18 are required to sign the Marriage Register and Certificates.
    Marriageable age

    The marriageable age is 18 years. If a person, not yet 18, wishes to marry prior to their 18th birthday, only a court empowered to give a 'Section 12' order can give authority for this marriage to be solemnised.

    If you are born overseas you will need an overseas passport or a birth certificate translated by and official NAATI translator into English. If you have been married before you will need decree absolute (final divorce papers) or a death certificate in English.

    You need to bring all the original papers with you. Without the original documents marriage ceremony cannot be performed in Australia. Your marriage certificate will be given on the day of the marriage ceremony and the registered marriage certificate will be posted to you.