Legal Requirements

Marriage & your legal responsibilities…

 

• The Notice of Intended Marriage form must be completed, signed & witnessed, & in the hands of the Marriage Celebrant no later than one month prior to the proposed wedding date. Once lodged with your celebrant, it is valid for a maximum of 18 months from the date lodged.

 

• It is the responsibility of the marrying couple to ensure that they are able to present to the celebrant the required documentation for proof of identity, date of birth & place of birth as well as photographic ID.

       That being… original birth certificates, if born in
       Australia. If you do not have this, it is obtainable from
       the Registry of Births, Deaths & Marriages in the
       State where you were born. An Australian passport is
       now acceptable also as proof of date & place of birth. For 
       those without a passport, a drivers licence can be used for
       photo ID. 
       If born outside Australia it is requested that you provide a
       full original birth certificate (if possible) and a current 
       passport.  

 

• If either party has previously been validly married, & is now divorced or widowed, an original Decree Absolute of Divorce or a Death Certificate must be presented to the celebrant to sight. This evidence is needed before you can be re-married.

 

   As of the 1^st of July 2002, the Family Court & the       

        Federal Magistrates Court stopped issuing both a
        decree absolute & a decree nisi of dissolution of
        marriage. The document they now issue is called a
        “Certificate of Divorce” which has both the date of
        decree nisi & the decree absolute.
        If you were divorced before the 1^st of July 2002, the
        document you are required to present the celebrant is
        the decree absolute.

• It is also the couple’s responsibility, if required, to arrange & provide the services of an accredited translator to ensure that all legalities & requirements of marriage are fully understood by both parties. This may mean that the translator needs to be present for the completion & signing of all legal paperwork prior to the ceremony, as well as on the day, for the signing of the register & marriage certificates.

• If you have changed your name since birth, the celebrant will also need to sight your original 'Change of Name' certificate issued by Births Deaths & Marriages.

• If one person is under 18 years of age, a parent’s consent on the required form & a court order under Section 12 of the Marriage Act is required.

Please note that it is an imprisonable offence to give false or misleading information on any legal documents.

 

 

 

Funeral  Services...

• Funeral Services conducted by a Celebrant are not legally recognised ceremonies. Therefore there is no legal paperwork to be completed, & no legal requirements to be met. Any legal paperwork involved in conjunction with a Funeral is completed by the Funeral Director.

        On the day, you will be presented with a printed keepsake
        copy of your loved one's special service wording.