Rest assured I take care of the legal obligations so you can focus on having the best day possible.
Getting married in Australia
Legal Requirements
Monitum
All authorised celebrants (other than ministers of religion belonging to a recognised denomination) are required to include a statement (the ‘monitum’) explaining the nature of the marriage relationship in all marriage ceremonies they perform (section 46 of the Marriage Act). From 9 December 2017, the monitum has changed to reflect the new definition of marriage:
“I am duly authorised by law to solemnise marriages according to law. Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter. Marriage, according to law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into for life.”
Vows
Subsection 45(2) of the Marriage Act sets out the vows required to be said by parties to a civil marriage ceremony (where the authorised celebrant is not a minister of religion). From 9 December 2017, the vows will change to reflect the new definition of marriage:
“I call upon the persons here present to witness that I, A.B. (or C.D.), take thee, C.D. (or A.B.), to be my lawful wedded wife (or husband, or spouse).”
You can add your own personalised vows as well, people typically do this after they have said the vows listed above. I can help you to write some personalised vows.
This change allows marrying couples to make a personal choice about the terms to be used in their marriage vows that best reflect their relationship. The term ‘husband’ can refer to a male marriage partner, and ‘wife’ to a female marriage partner, regardless of the sex or gender of the person saying the vows. The term ‘spouse’ can refer to a male, female, intersex, non-binary gender or transgender person.
How it Works
What’s required before your ceremony, on your wedding day and after the event
Before your wedding day
I work hard to ensure the lead up to your wedding is stress-free, so you can focus on your special day.
I am required to meet with you and complete some initial paperwork including:
- The Notice of Intended Marriage (NOIM). This must be signed by the couple minimum one month prior to their marriage ceremony. I will witness this document.
- Declaration of No Legal Impediment – required to ensure your details are correct and haven’t changed prior to your wedding day.
- I must also provide you with the Happily Ever After document, explaining the process of getting married in Australia, important legal consequences of marriage, and where relationship support services such as marriage education, family counselling or dispute resolution may be obtained.
Two people over the age of 18 years are required to act as witnesses on your wedding day. They are required to write their full name and provide their signatures on your official paperwork.
On the day
Take it all in! Enjoy one of the most memorable days of your life.
There are three documents a couple must sign on their wedding day:
- The Official Certificate of Marriage
- The Marriage Certificate – which couples often hold up on their wedding day
- The Celebrant Register – which also contains the Official Certificate of Marriage
Ceremony Requirements
- You will sign the above documents under your maiden name
- Two people over the ages of 18 years are required to act as your witnesses and complete these forms. Witnesses are required to write their full name and provide their signature.
- The celebrant is required to state the Monitum
- The couple is required to say the Vows.
After your wedding day
Newlyweds! Enjoy your Honeymoon while I take care of submitting your official paperwork to Births Deaths and Marriages (BDM) in your state.
- I submit your paperwork to BDM including the Notice of Intended Marriage (NOIM), the Declaration of No Legal Impediment and your Official Certificate of Marriage.
- I send off your proof of identity so you can obtain your Official Marriage Certificate. This is required by the Births Deaths and Marriages in your state.
For you to complete (optional)
- If you wish to take on your partner’s surname, you must submit a Births Deaths and Marriages Certificate form.
- If you prefer to hyphenate your name, you are required to submit a Births Deaths and Marriages Certificate form and a change of name form.
Celebrant Monitum and Vows
On 9 December 2017, amendments to the Marriage Act 1961 commence to provide for marriage equality. The right to marry in Australia will no longer be determined by sex or gender. The vows and monitum will change to reflect the new definition of marriage as: ‘the union of 2 people to the exclusion of all others, voluntarily entered into for life’.
– Referenced from on the Attorney General Website
