Getting married in Australia

Marriage in Australia: the basics

Marriage in Australia is a legally recognized contract, and after the Marriage Amendment in 2017, the right to marry in Australia is no longer determined by sex or gender. You also don't have to be an Australian citizen or permanent resident of Australia to legally marry in Australia. However, if you are looking to remain in Australia after your marriage, you will need to plan for this in advance and have a visa.

Read also Visas for Australia

To get legally married in Australia, there are some basic requirements that are similar to those in many parts of the world. For instance, you must not be married to someone else or be marrying a parent, grandparent, child, grandchild, brother, or sister; you must be at least 18 years old unless a court has approved otherwise; and you must consent and understand what marriage means. You will also be required to use specific words during the ceremony and give written notice of your intention to marry to a celebrant within a required time frame. You can register your relationship, which is a statutory declaration that you are in a committed relationship and can be a useful document if you are applying for a partnership visa. Check the Australian Government website for more information pertaining to specific states.

A celebrant is someone who is legally recognized to authorize a marriage in Australia. After selecting a celebrant, you must complete a Notice of Intended Marriage form, and this must be done at least one month before the wedding date and can be up to 18 months beforehand. If there is less than one month until the wedding, contact your celebrant to discuss your options. In addition to this notice, both parties will need to provide proof of identity, date and place of birth (via a birth certificate), and evidence that any previous marriages have ended. You may also be required to complete a statutory declaration document to provide further information about your background and situation.

On the day of the marriage, you will sign three certificates which will be witnessed by your celebrant and two witnesses. Your marriage paperwork will be registered with the registry of births, deaths and marriages in the state in which it took place within 14 days.

Once all that's taken care of, you can head off on your honeymoon to whichever beautiful part of Australia you've chosen to visit.

Selecting a celebrant in Australia

To get married in Australia, you need to have an authorized marriage celebrant officiate your ceremony. There are four types of authorized marriage celebrants:

• Commonwealth-registered marriage celebrants: These celebrants are regulated by the government and typically perform non-religious, civil ceremonies. You can find a Commonwealth-registered marriage celebrant by searching this database.

• Commonwealth-registered religious marriage celebrants: Religious celebrants are also regulated by the government but are allowed to perform ceremonies that align with their religious beliefs. However, they must identify as a religious marriage celebrant when advertising their services. You can search for a Commonwealth-registered religious marriage celebrant here.

• Ministers of religion: This kind of celebrant is managed by the registry of births, deaths and marriages in their state or territory or their religious organization. To qualify, the minister must be part of a recognized religion in Australia. A full list of recognized religions in Australia can be found here.

• State and territory officers: These officers are also regulated by the registry of births, deaths, and marriages in their respective state or territory and typically perform non-religious civil ceremonies. A celebrant of this kind can be found here.

Registry office or courthouse weddings in Australia

If you are not interested in having an elaborate ceremony at a private venue and all of the bells and whistles that involves, you may be interested in getting married at a registry office or courthouse. This type of wedding is generally a non-religious, civil ceremony. There are restrictions on the number of attendees, your vows will be provided for you, and you will not have the opportunity to develop a relationship with the officiating figure. Essentially, this type of wedding is not customizable in the way that private weddings are, but it is a quick, affordable, and simple option.

Getting married at a registry office in Australia follows the same requirements as any other wedding; you will need to complete a Notice of Intended Marriage form at least one month before your wedding date and have submitted it to a registry office. You'll also need to provide identification documents and pay a fee. Once you have completed the legal requirements and obtained your marriage license, you can schedule your wedding ceremony. In most cases, a state or territory officer will officiate the ceremony, which usually takes about 15-20 minutes.

The cost of a registry office wedding in Australia varies depending on the state or territory you're in, but generally, it is an affordable option for couples who want a simple and non-religious wedding ceremony.

In most Australian states and territories, the fee for a registry office wedding ranges from approximately AUD 200 to AUD 450. This fee includes registering your marriage and the services of a state or territory officer who will officiate your ceremony.

Mariage-related paperwork and certificates in Australia

As marriage is a binding legal act in Australia, it comes with a stack of forms to complete. Important documents include:

• Notice of Intended Marriage. As mentioned above, couples intending to get married must submit this form at least one month before their wedding date. It includes information such as their full names, dates of birth, and places of birth, as well as details about any previous marriages or divorces. More information and online versions of the form are available here.

• Proof of identity: You will need to provide proof of your identity, such as a passport or driver's license.

• Divorce or death certificate (if applicable): If you or your partner has been married before, you will need to provide a copy of the divorce certificate or death certificate of the previous spouse.

• Declaration of No Legal Impediment: This is a form that you and your partner will need to sign before the wedding, stating that you are unaware of any legal reasons that might prevent you from getting married in Australia.

• Marriage certificate: After the wedding ceremony, you will be given a marriage certificate by the celebrant or officiating person, which is a legal document that proves you are married. If you need copies of this document down the line, they can be applied for via the Births, Deaths and Marriages department of your particular state.

Be aware that the exact requirements for paperwork may vary depending on the state or territory where you are getting married. It's always a good idea to check with the relevant registry office or marriage celebrant to confirm the specific requirements in your area.

Marriage equality in Australia

In December 2017, a historic law was passed by the Australian parliament, legalizing same-sex marriage in the country. Before the law was introduced to parliament, a voluntary postal survey was conducted to assess public onion on the issue, the result of which was 61.6% of Australians supported the legalization of same-sex marriage. This result spurred the introduction of a bill into the Australian Parliament, which would ultimately amend the Marriage Act to allow same-sex marriage.

The bill passed with overwhelming support, and on December 9, 2017, it received royal assent, officially making Australia the 26th country in the world to legalize same-sex marriage.

Since then, same-sex couples have been able to marry in Australia and enjoy the same legal rights and protections as opposite-sex couples. The law also allows for the recognition of same-sex marriages conducted overseas.

Recognition of overseas marriage in Australia

If you have been married overseas, the marriage will be recognized by the Australian government as long as the marriage was considered valid by the country in which it occurred and would have been recognized as valid under Australian law.

Important:

An overseas marriage cannot be registered in Australia (registration is different from recognition), but the foreign marriage certificate can be used as evidence the marriage occurred. Ensure you keep hold of the certificate from an overseas marriage, as it is often the only evidence a marriage has occurred. Be aware that an overseas marriage certificate may also not be valid for some purposes in Australia, so consult the Smartraveller website for more details.

De facto marriage in Australia

A "de facto marriage" is also recognized in Australia and is defined in Section 4AA of the Family Law Act 1975 as you and your partner (both couples who are same-sex or opposite sex) having a relationship as a couple living together on a genuine domestic basis.

Under Australian law, de facto couples are entitled to many of the same legal rights and protections as married couples, including property and financial arrangements, superannuation entitlements, and access to family law courts in the event of a separation. However, the legal rights and protections afforded to de facto couples vary depending on the state or territory in which they live, as family law is governed by state and territory legislation in Australia.

In some states and territories, a defacto relationship is automatically recognized after a certain period of time, while in others, couples may need to register their relationship to access certain legal rights and entitlements. It's important to note that while de facto relationships are legally recognized in Australia, there are still some legal differences between de facto and married couples. For example, de facto couples may not have the same automatic rights to property and assets in the event of a separation and may need to prove their contributions to the relationship in order to receive a fair settlement.

Divorce in Australia

You can apply for a divorce in Australia if either you or your spouse regard Australia as home and intend to live in Australia indefinitely, are an Australian citizen by birth or by the grant of Australian citizenship, and have lived in Australia for 12 months immediately before filing for the divorce. You must confirm that you and your spouse have lived separately for at least 12 months and there is no likelihood of resuming married life.

In Australia, divorce is granted on a "no-fault" basis, meaning that a couple does not have to prove that one spouse is at fault for the breakdown of the marriage. This is in contrast to other countries where fault-based divorce is the norm.

To apply for a divorce, you must complete an online interactive application for divorce and pay the filing fee of AUD 900. However, you may be eligible for a reduced fee of AUD 300. Check the Federal Circuit Court of Australia for more information.