The Legalities of Marrying in Australia: How to Apply for a Notice of Intended Marriage (NOIM)
Planning a wedding in Australia is exciting. But before the venue, flowers and guest list come together, there is one essential step: making your marriage legal.
Without following Australia’s legal requirements, you may end up with a beautiful celebration but no legal spouse.
Unlike some countries, Australia does not require a marriage licence. Instead, couples must lodge a Notice of Intended Marriage (NOIM) with a registered celebrant at least one calendar month before the wedding date.
If you are still in the planning stage, our Personalised Wedding Planner Book for Australia helps you track legal deadlines, suppliers and documents so nothing is overlooked.
The Legal Requirements for Marrying in Australia
Marriage in Australia is governed by the Marriage Act 1961 (Cth) and the Marriage Regulations 2017 (Cth).
To legally marry in Australia, you must:
-
Be 18 years or older
Both parties must be at least 18 years old. In limited circumstances, a 16 or 17 year old may marry with court approval and parental consent. -
Freely consent to the marriage
Both people must willingly and knowingly agree to marry. -
Not be closely related
You cannot marry a parent, grandparent, child or sibling. -
Not already be married
You must not already be legally married in Australia or overseas. If previously married, you must provide a divorce certificate or death certificate. -
Lodge a Notice of Intended Marriage (NOIM)
The NOIM must be lodged with a registered celebrant at least one calendar month before your wedding. It remains valid for 18 months. -
Provide proof of identity
You will need documents such as a passport or birth certificate. -
Marry before an authorised celebrant and two witnesses
The ceremony must be conducted by a registered celebrant in the presence of two witnesses over 18 years old.
There is no separate “marriage licence” required in Australia.
Same Sex Marriage in Australia
Same sex marriage has been legal in Australia since 9 December 2017, following the Marriage Amendment (Definition and Religious Freedoms) Act 2017.
The law defines marriage as “the union of 2 people to the exclusion of all others, voluntarily entered into for life”. The legal process is identical for all couples.
How to Apply for a Notice of Intended Marriage (NOIM) in Australia
The Notice of Intended Marriage is the most important legal step in getting married in Australia.
When must you lodge the NOIM?
The NOIM must be lodged at least one calendar month before your wedding date. For example, if you lodge the form on 10 March, the earliest legal wedding date is 10 April.
The form is valid for 18 months from the date of lodgement.
Step by Step Guide to Applying for a NOIM
-
Book a registered celebrant
Your celebrant will provide and witness the NOIM form. -
Gather your documents
You will need proof of identity and documentation relating to any previous marriages. -
Complete the NOIM form
The form includes full legal names, dates of birth, occupations and addresses. -
Lodge the form
You may lodge the NOIM in person or by post with certified copies of your identity documents. -
Sign the Declaration of No Legal Impediment
Before your ceremony, you will sign a declaration confirming you are legally free to marry.
The NOIM form is consistent across all Australian states and territories.
Marrying in Australia as a New Zealander
If you are residing in New Zealand and planning to marry in Australia, the NOIM must be witnessed by either a New Zealand notary public or an Australian Diplomatic or Consular Officer. Both parties must attend in person when signing.
Registering Your Marriage in Australia
Your celebrant is responsible for lodging your marriage paperwork with the relevant state or territory registry within 14 days of your ceremony.
After registration, you may apply for an official marriage certificate through the state registry. You can request:
- A standard legal certificate
- A commemorative certificate
Processing times vary between states but typically take several weeks.
Changing Your Name After Marriage in Australia
Changing your name after marriage is a personal choice and not a legal requirement.
If you choose to change your name, you will need to:
- Obtain your official marriage certificate
- Update your passport, driver licence and bank records
- Notify Medicare, the ATO and other agencies
- Inform your employer and insurance providers
Ensure all honeymoon travel bookings match the name on your passport.
Civil Unions and Registered Relationships in Australia
Australia does not recognise civil unions at a federal level. However, some states and territories allow couples to register their relationship. Eligibility and legal recognition vary by jurisdiction.
Planning Your Wedding Timeline in Australia
Legal paperwork is only one part of planning a wedding.
For guidance on when to book suppliers, send invitations and structure your planning process, read our guide: The Ultimate Stress-Free Timeline for Wedding Planning in Australia.
If you prefer everything organised beautifully in one place, our Personalised Wedding Planner Book for Australia includes timelines, budgeting pages, supplier contacts and legal reminders.
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Frequently Asked Questions About Marrying in Australia
Is there a marriage licence in Australia?
No. You must lodge a Notice of Intended Marriage instead.
How long before the wedding must I submit a NOIM?
At least one calendar month.
How long is a NOIM valid?
18 months from the date of lodgement.
Do both people need to be Australian citizens?
No. You do not need to be an Australian citizen to marry in Australia.