Getting the legalities right

Australian Law Requires:
  • That both parties be over the age of 18 years, or if one is under 18 a court order must be obtained .
  • A completed Notice of Intended Marriage (NOIM) Notice of Intended Marriage Form This is usually obtained from your celebrant. (Can also be download  from Commonwealth Attorney-Generals Dept)  It must be completed and lodged with the Celebrant no earlier than eighteen months and no later than one month and one day prior to the day of the Wedding   
  • You must provide the original of your birth certificates if born in Australia. If you were born overseas you need your original birth certificate or overseas passport
  • An Australian passport cannot be used
  • If previously married, confirmation of the ending of that marriage - certificate of divorce or death certificate of spouse
  • You must both sign a Declaration of No Legal Impediment to Marriage before your marriage ceremony can take place. This is a legal document and must be witnessed by your marriage celebrant.
  • Two (2) witnesses over the age of 18 years, who have witnessed and understood the ceremony.

                          

 
Other legal matters:
  • Shortening of time - you can only shorten the time for completing your NIM for less than a month and a day under exceptional circumstances and must apply to your state Department of Births, Deaths and Marriages.
  • Statutory declarations - if you cannot obtain a copy of your birth certificate due to you being a refugee or other circumstances, I can help you complete a  Commonwealth Statutory Declaration where you state the details of the date and place of your birth, your parents etc.
  • Obtaining permission for someone under 18 to marry - Parents' permission is not sufficient. You can apply to the court for permission.

Talk to me about your needs on 02 9979 2315, or 0402810062

or email me on      esearle@optusnet.com.au

 

  

 

Copyright Elaine Searle 2008                            Lucie & Petr, married at North Head, Manly