FAQ’s

Legal Requirements for Marriage in Australia

At Registry Weddings Whitsundays, we carry out legal ceremonies in Airlie beach and surrounding suburbs. It is our obligation by law to ensure all legal facets of your union are adhered to.

Legal Requirements for Marriage in Australia

In order to marry in Australia, parties to the marriage must meet the following criteria:

● Parties must be aged 18 years or over. (See exemptions below*)

● Parties must not be married to someone else (or each other)

● Parties must not be in a prohibited relationship

● Parties must give real consent.

Are you old enough?

*If one spouse is younger than 18 and the other older than 16, with parental or guardian approval and a magistrate’s or judge’s permission a marriage may be permitted.

Documentation… Official Requirements

A Notice of Intended Marriage should be submitted at least one month and not more than 18 months before the wedding day.

To avoid impulsive marriages, there is a waiting period. In some cases, a Shortening of Time may be granted by a state Register of Births, Deaths and Marriages.

The Notice of Intended Marriage is available for download from either this website or the Attorney General’s website. After filing your application with a celebrant, you’ll have officially begun your legal marriage process.

How do I prove the Date and Place of Birth?:

• An official birth certificate, or an official extract of an entry in an official register, showing the date and place of birth of each party

• Your Passport, which shows your date and place of birth.

• Your celebrant needs to cite these original documents:

• A certified translation is required if your birth certificate isn’t in English.

What Photo Identification is required?:

According to the Marriage Act, your marriage celebrant must confirm that both parties are who they say they are before performing the ceremony. You’ll need to provide one of the following:

• a driver’s licence

• a Proof of Age/Photo Card

• a passport

• an Australian citizenship certificate along with another form of photographic evidence.

Proof that you are not already validly married

If you have been married before, your Celebrant will require evidence of death, nullity, or dissolution to proceed. i.e A Decree Absolute, Divorce Order or Death Certificate

1. You’ll be asked to sign the Declaration of No Legal Impediment prior to the Vows.

The Declaration of No Legal Impediment is proof that you are not already married and there are no other legal impediments to your marriage. It is printed on the back of the official Marriage Certificate, which the Celebrant will submit to the Registry of Births, Deaths and Marriages following your wedding.

2, The Celebrant will say the Monitum – Statement from the Marriage Act

3, You will say the legal vows that will bind you as husband and wife.

4. After the legal vows are spoken, you will sign three Marriage Certificates; one for you to keep, one that your Celebrant will hold and another will be submitted to the Registry of Births, Deaths and Marriages Queensland.

Your Celebrant will submit the paperwork necessary to record your marriage.

The Registry of Births, Deaths and Marriages (RBDM) QLD (allows you to apply for a Registered Marriage Certificate after 14 days have passed.

We can easily assist with this process if required.

It’s the celebrant’s job to make sure you’ve met all the legal requirements for your ceremony.