Legal Marriage Requirements

If you want to get married in Newcastle, the legal rules come from the Marriage Act 1961 and the Marriage Regulations 2017.

This page is the plain-language version.

Basic rules

To get married in Australia, you must:

• not already be married
• not be marrying a parent, grandparent, child, grandchild, brother, or sister
• be at least 18, unless a rare under-18 court approval applies
• understand what marriage means
• freely agree to marry
• use the required legal words during the ceremony
• be married by an authorised celebrant

Notice period

You must give your celebrant a Notice of Intended Marriage at least one month before the marriage.

You can usually give the NOIM up to 18 months before the marriage.

If there is less than one month, a prescribed authority may approve a shortening of time in limited circumstances.

Documents you will usually need

• a passport, or a birth certificate plus photo ID
• divorce papers or a death certificate if you were married before
• change of name documents if your name differs across your documents
• official English translations if documents are not in English

What must happen before the ceremony

Before the marriage is solemnised:

• the celebrant must receive your NOIM
• the celebrant must physically meet each party separately
• the celebrant must be satisfied about your identity
• each party must make the required declaration before the celebrant

What must happen at the ceremony

At the ceremony:

• both parties must be physically present
• the celebrant must be physically present
• two witnesses aged 18 or over must be physically present
• the required legal words must be said
• the certificates must be signed

If an interpreter is needed

An interpreter can be used if needed, but:

• the interpreter cannot be one of the parties to the marriage
• the interpreter must give the required declaration and certificate

Official sources

If you want the official documents, start here:

• Marriage Act 1961
• Marriage Regulations 2017
• Attorney-General’s Department guide to getting married
• Marriage celebrant guidelines

Helpful next steps

• Read the NOIM guide
• Check ID requirements
• See who can marry
• Get Married