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  • Writer's pictureRebecca

Planning your big day - Legalities

A few legalities before the big day. - The minimum age of marriage is 18yrs in Australia. There are instances when someone who is over 16yrs may marry, but only if the partner is over 18yrs. Permission needs to sought from parents/or other authorising bodies. - Both people need to be legally available to marry without impediment. - Prohibited relationships do not allow marriage. Those relationships are identified as being between brother and sister, or between a person and an ancestor/descendant of that person. Half blood or adopted relationships are viewed as full blood relationships. - Lodgement of the Notice of Intended Marriage, or NIM - requires a minimum notice of 1 calendar month and expires after 18 months. - The couple is responsible for providing correct information. - The Marriage Act 1961 requires evidence of place and date of birth of each person marrying. If there are any previous marriages, then a Death Certificate or Decree Absolute/Certificate of Divorce must be produced. - Where applicable passports, citizenship documents or Statutory Declarations must be provided. - Witnesses to the marriage must be over 18yrs. - Electronic information must be verified by the original documents. There are a few things that need to be confirmed prior to the ceremony including who you plan to have as witnesses of the signing of the certificate. In most cases, this will be hand printed with the names of the witnesses. If you prefer calligraphy or fancy writing, you must notify the intended witnesses 2 weeks prior to the ceremony. No changes are able to be made once they are confirmed unless you are content with handwriting.

Notice of Intended Marriage

You will need to provide original documentation or certified copies of:

Full birth certificate. Passport if born over seas/visa/citizenship papers etc. If appropriate - Change of name documents, Decree Absolute or Certificate of Divorce, Death certificate from previous spouse, and any other identification the celebrant needs to complete the application.

Marriage Declaration

A form you will sign prior to the ceremony with your celebrant declaring;

Your full name. Address. Occupation. Marital status and Declaring there is no legal impediment to your marriage with your stated fiancé.

I will guide you through the legal requirements in lodging and submitting documents and within the actual ceremony.

#weddinglegals #weddingguidelines #legallywedded

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