Glenda J Ashleigh

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You are here: Home / Legal Marriages

Legal Marriages

Legal Marriages – Australia

 The Marriage Act 1961 and the Marriage Regulations set out the requirements for Australian legal marriages that are valid marriages.  The latest compilation of the act, C2024C00560 (C31)14 October 2024 is available  on the Australian Federal Register of Legislation.
This legislation states that an authorised marriage celebrant performs a marriage ceremony.

Legal Marriages that are Valid Marriages

australian legal marriages register

Australian Marriage Register

As a Commonwealth-registered Marriage Celebrant (CMC) I am authorised to conduct legal marriages for all people.  These Wedding ceremonies ensure that your marriage is a valid marriage.

I also apply the requirements of Copyright in ceremonies as well as a range of Fair Trading, and Workplace Health and Safety legislative requirements.

The Australian Federation of Civil Celebrants has a  professional Code of Ethics which supports the Commonwealth Code of Practice for Marriage Celebrants.  I follow these codes.

Ask the Right Questions and get the Right Answers for Legal Marriages

What official documents do I need before I have a legal marriage?

You must produce official certificates and documents issued by the registering authorities.  Go to the  Resources and Links  page for web sites of Australian registering authorities.

All documents must be in English, or have attached to them a certified  English translated version.

  • Main legal identification (ID) document.  This is either  your Birth Certificate or Passport.
  • Another legal identification (ID) document showing your photograph and your date of birth, eg a Driver’s Licence or Proof of Age Card.
  • Legal Divorce Certificate/Death Certificate of previous spouse (husband/wife) if previously married.
  • Change of Name Documents if name previously changed by legal action.

When do we confirm our wedding ceremony booking?

You confirm your wedding ceremony booking with me when I receive the *Notice of Intended Marriage, and you accept the Conditions of Service, and I receive the booking fee of $200.  The total quoted price for your legal marriage ceremony includes this booking fee.

*Notice of Intended Marriage  must be lodged with me at least one month before the ceremony date according to legal marriage requirements.

Are you in a hurry?  You can apply for a shortening of time once you have lodged the Notice of Intended Marriage with me.

How do we lodge the Notice and confirm our wedding ceremony booking?

  Contact Glenda and I will assist you to make this process smooth and easy!

What happens after we confirm our wedding ceremony booking?

Together, we create the ceremony that is right for you!  We communicate by e-mail (unlimited), video and phone to craft a wedding ceremony of your choice.  Everyone has different ideas about their ceremony and no two ceremonies are the same.  I craft your legal marriage ceremony to ensure that your marriage is a valid marriage.

When do we finalise our wedding ceremony arrangements?

We meet prior to the ceremony to finalise the requirements for your legal marriage.  I witness both of your signatures on the Statutory Declarations.  These declarations are signed close to the date of the wedding, and in some cases, on the day of the wedding.  However, the wedding ceremony cannot be performed until these declarations are signed.

Usually, we meet one to two weeks prior to the ceremony.  We agree on the ceremony format and arrangements for your ceremony.  We complete all signing of declarations, and settle any outstanding amounts according to the agreed terms and conditions.

What legal documents do we sign at the wedding ceremony?

The two parties to the marriage, two witnesses and celebrant sign three (3) marriage certificates at the wedding ceremony.  These are: the Marriage Register, the Official Marriage Certificate, and the ‘presentation or ceremonial’ Marriage Certificate.

Do we need an Interpreter at the Ceremony?

The law requires that an interpreter translates the ceremony for either party where either or both do not speak English.  I supply the forms for the interpreter to sign a Statutory Declaration  before  the ceremony and a Certificate of Translation  following  the ceremony.

What certificate do we receive at the wedding?

I give you Form 15, the ‘presentation’ or ‘ceremonial’ Marriage Certificate on your wedding day.  This certificate shows my full name and marriage celebrant authorisation, full names of both parties, address of the ceremony, and date of the ceremony.  The two parties, two witnesses, and myself sign it and it is a legal document that is evidence of the marriage.

Note:  The ‘presentation or ceremonial’ Marriage Certificate is not an Identification Document (ID) as it does not contain any personal information such as your birth date or other information that identifies you personally.  It is a legal document however, and needs to be kept in a safe place.  Apply to the Births, Deaths and Marriages Registry in the State/Territory in which the marriage ceremony took place for a certified copy of the Official Marriage Certificate.  This document has all your personal details and is accepted as a legal Identification Document.  Details of all Australian Births, Deaths and Marriages Registries.

When is the marriage registered?

The Registry staff process and register the legal marriage documentation.  As your Celebrant, I lodge the completed official documentation with the Registry of Births, Deaths and Marriages in the State/Territory in which I conduct your wedding ceremony.  According to the law, I must lodge all documentation with the Registry within 14 days of the ceremony date.   For best practice, I lodge all documentation no later than the next business day following the ceremony.

How do I change my surname/family name after marriage?

The law does not require you to change your name when you marry.  Your identity is the same as it was before your marriage.  You can use your spouse’s (husband/wife/partner) surname/family name, or any other name.  This is lawful, providing you do not set out to defraud or mislead anyone.

Change Name by Repute

In Australia, you can change your name of repute (reputation).  This means that you wish to be known (your reputation) by a different surname/family name.  Purchase a certified copy of the Official Marriage Certificate from the Registry of Births, Deaths and Marriages of the Australian State/Territory in which you marry.  Institutions and agencies such as banks, insurance companies, etc. usually require this certified copy of the Official Marriage Certificate to support a change of name.

Change Name by Legal Process

If you are Australian born, apply to the Births, Deaths and Marriages in the Australian State/Territory of your birth to change your name by legal process.  Either purchase a Certified Copy of your Birth Certificate showing a notation of your new name, or apply for a Change of Name Certificate.

Who do we need to inform of our legal marriage after our wedding?

You change your legal status when you marry.  Following your marriage you are a ‘married’ person in a legally recognised relationship, that of marriage.   If you are an Australian citizen, inform The Australian Electoral Commission and The Australian Taxation Office  of your legal marriage as soon as possible after your wedding.

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