You and Your Partner
1. You are in a partnership of two people [regardless of gender] aged 18+
2. You are of legal age for marriage in Australia - If one of you is 16+ and the other 18+ you can apply for special permission through the court
3. You both consent to entering into the marriage
4. You have lodged a Notice of Intended Marriage with a celebrant, Justice of the Peace, Solicitor or Notary Public from any country in English, at least one month, but no longer than 18 months prior to your ceremony date.
5. You are able to provide ID showing where and when you were born, as well as photographic prove you of who you say you are - a passport does both of these things, otherwise a birth certificate and driver's licence works
(other forms of ID are also accepted)
6. You are not already legally married to each other or to anybody else - this includes marriages that have taken place overseas
7. Any same sex marriages that were legally performed in another country were automatically legally recognised in Australia on the 9th December 2017
8. You must provide proof of the end of any previous legal marriages by way of divorce, death or nullity certificates.
9. Close to your wedding date, you must sign a declaration of no legal impediment to marriage stating that there is no legal reason that the two of you can't be married.
10. If you are from OVERSEAS, all information must be in English or translated by a NATI registered translator.
On the day of your Ceremony:
You are required to provide two witnesses who are aged 18+. You may request your celebrant arranges these witnesses at a fee
Your celebrant must:
1. Introduce themselves and state that they are legally authorised to solemnise marriages according to the law.
2. Recite the Government worded Monitum:
"Before you are married in my presense and in the presense of these witnesses,
I am to remind you of the solemn and binding nature of the relationship of which you are now about to enter."
3. Explain how marriage in Australia is defined:
"Marriage in Australia is the union of two people, to the exclusion of all others, voluntarily entered into for life."
4. The two of you will say the legal vows
"I ask the people here present to witness, that I, AB, take you, CD, to be my lawful wedded wife/husband/spouse."
5. You two, your two witnesses who must be present during the legal wording will sign 3 documents
6. The celebrant will register your marriage either via Lifelink e-marriages which is the quickest option, or sending all documentation to the BDM. Currently all same-sex marriages will have paperwork sent into the BDM. This process can take between 3 days and 2 weeks for the certificate to arrive.
Once BDM have registered your marriage, you are able to change your surname if you so choose.
The certificate you receive on the day is commemorative and not accepted at government offices as proof of marriage, so you must apply for a copy of the official marriage certificate from the BDM in the state your marriage took place (fees vary from state to state). You may request that your celebrant applies for your certificate at the time of registration to save time on receiving this official document.
There is an option to get a commemorative certificate from the BDM, please see the BDM website for examples.
There is also an option to fast-track your certificate at an extra cost.