Below is a list of legalities relating to your ceremony.
Notice of Intended Marriage
Under the Marriage Act 1961 there are certain obligations that you, as a couple intending to marry, must meet prior to a marriage ceremony being solemnised. The Notice of Intended Marriage form is available from your celebrant or it can be downloaded from the Births, Deaths and Marriages website, or the Attorney General’s website, if you click here. It must be lodged with your celebrant within 18 months of the wedding, and no later than a month before.
Proof of birth must be shown, this can either be a Birth Certificate or Extract of Birth Entry, or an Australian or Overseas passport. The passport must not have been cancelled. When a person is unable to provide a birth certificate or passport then a Statutory Declaration must be completed explaining why a birth certificate cannot be provided, also stating where and when the party was born, and providing details of any other alternative identification.
A Decree Absolute or Certificate of Divorce
This is required if you are divorced. You can complete the Notice of Intended Marriage prior to the divorce but the marriage cannot take place until after the divorce. The Decree Absolute or Certificate of Divorce must be produced prior to the marriage. This can be obtained from the Family Law Court.
Death Certificate or extract is necessary if you are widowed.
Prior to your wedding, both parties will be required to sign a declaration, under the Marriage Act 1961 (as amended), stating that you believe there is no legal impediment to the marriage between yourself and your partner. This is a legal document and must be true and correct at the time of signing. Penalties may apply for false or misleading information.
Fees vary from celebrant to celebrant. A deposit is required when you lodge the Notice of Intention to Marry. The payment of a deposit confirms your booking. The balance of the fee is usually required two weeks prior to the wedding day. Your celebrant will explain his or her payment methods with you.
Changing your name on legal documents
Your celebrant will issue you with your Certificate of Marriage. However, to change your details at Vic Roads or the Passport Office or similar, you will require a “certified copy of your marriage certificate”. This copy is only available from Births, Deaths and Marriages. Your celebrant will advise you of this. The form is usually available from 2 to 6 weeks after the wedding. A small fee is payable.
Further information can be obtained from Births, Deaths and Marriages in Victoria by clicking here:
Just a few things to remember if you are changing your name, you must change all legal documents.
Below is a checklist.
- Drivers licence
- Car registration/ insurance
- Electoral Office
- Australian Tax Office
- Credit cards Bank, Building Society, Credit Union,
- Investment accounts
- Insurance policies/Superannuation
(change your beneficiary to your spouse)
- Mortgages, rental agreements
- Council Rates
- Utility bills
- Library card
- Government agencies
- Memberships: health clubs, local clubs, frequent flyer, etc.
- Doctor, dentists, health care professionals
- Blood donor card
- Accountant, solicitor, etc
- Work – personnel office for pay slips, taxes, super.