In Australia, getting married is a relatively simple legal procedure, but it still requires meeting certain conditions and following specific procedures. The following is a detailed guide to getting married in Australia in 2024, including conditions, procedures, required materials and frequently asked questions to help you prepare in advance.
Australian marriage process
Marriage conditions in Australia
In Australia, anyone can get married, regardless of whether one or both parties have local citizenship. The following conditions must be met for marriage:
- No bigamy: Both parties must not be married.
- Single: Both parties must be single and not direct relatives.
- Age requirement: At least 18 years old (those aged 16 and above but under 18 need to have their parents sign a confirmation document).
- Free Will: Both parties need to understand the meaning of marriage and ensure that it is a free marriage without coercion.
- Specific words: There are specific legal terms that must be used during a wedding ceremony.
- Notify the Registrar of Marriages: Give a marriage notice to the Registrar of Marriages at least one month and no more than 18 months in advance (relevant forms must be filled in).
- Registrar presides: The wedding ceremony must be performed by a marriage registrar.
The process of registering a marriage in Australia
1. Fill in the NOIM form
- NOIMThe Notice of Intended Marriage form is a marriage notice that must be filled out and submitted before a legal wedding. According to Australian law, you must wait at least one month after filling out the NOIM before you can hold a wedding.
- If the wedding is not held within 18 months after filling out the NOIM, the form will become invalid. In special circumstances, such as physical conditions, legal proceedings, etc., the couple can apply to shorten the cooling-off period, but it must be approved by the local court.
2. Contact and make an appointment with the Marriage Registrar
- There are three types of legal marriage registrars in Australia to choose from:
- Commonwealth certified marriage registrar
- Religious minister
- A state official who registers marriages
- There is no limit to the venue for the wedding ceremony. You can choose a church, a beach, or a venue provided by the registry office. The fees and time arrangements of different registrars may vary. It is recommended to understand and make an appointment in advance.
3. Prepare Materials
Depending on the situation, the following materials are required:
- Birth certificate:
- If born in Australia, an Australian birth certificate is required.
- If born overseas, a notarized birth certificate or passport is required.
- Divorce or death certificate(If applicable): If you have been married before, you need to provide a divorce agreement or death certificate of your ex-spouse.
- Proof of identity: Both parties need to provide photo ID, such as a passport, ID card or driver's license.
4. Wedding Day
- The couple needs to invite 2 friends who are over 18 years old as witnesses. Witnesses do not require a specific visa.
- Witnesses will sign the marriage certificate and official marriage documents. It is recommended to choose relatives or friends who have special meanings to the couple.
5. Certificates and certifications
- A ceremonial certificate will be issued on the wedding day, but it is only proof of the wedding.
- The newlyweds need to apply for an official marriage certificate, which can be handled by a witness, and must notify the registry office within 14 days after the wedding to enter it into the file.
FAQ
Question: I have been in Australia for a long time and my passport has expired. Can I get married in Australia?
A: Yes, you can. You only need to provide other valid identification.
Q: I only have an Australian passport, can I get married?
A: Yes, but you need to provide a birth certificate or notarized birth certificate.
Q: I hold a tourist visa, can I get married in Australia?
A: Yes, a travel visa does not affect marriage eligibility.
Quick Facts
In order to prove the authenticity of marriage certificates obtained by Chinese citizens abroad, the 1997 "Reply from the General Office of the Ministry of Civil Affairs on the Authentication of Overseas Marriage Certificates of Chinese Citizens" pointed out that any marriage concluded in a foreign country that is recognized as valid does not need to go through marriage registration or recognition procedures in China.
From 9 December 2017, marriage rights in Australia are no longer determined by gender. Australians voted in favour of marriage equality via a postal survey and marriage laws have been updated to define marriage as a union between “two persons consenting to enter into marriage for life”, ensuring that marriage rights are available to everyone regardless of gender.
Whether you are planning to get married in Australia or already living in Australia, the above information will help you complete the entire marriage process smoothly. I wish you a smooth and happy wedding!
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