# Perth Marriage Office Canonical site: https://themarriageoffice.au/ Description: Paperwork-only marriage ceremonies, registry-style weddings, and simple legal marriage services in Perth, Western Australia. Generated: 2026-03-21T12:29:55.492Z ## Machine-readable resources - llms.txt: https://themarriageoffice.au/llms.txt - llms-full.txt: https://themarriageoffice.au/llms-full.txt - robots.txt: https://themarriageoffice.au/robots.txt - sitemap.xml: https://themarriageoffice.au/sitemap.xml ## Full page export ### Paperwork-Only Marriage Ceremonies & Registry-Style Weddings in Perth URL: https://themarriageoffice.au/ Description: Book a paperwork-only marriage ceremony or registry-style wedding in Perth, WA. Fast legal marriage services from $700, with Perth CBD and mobile options. Content: Paperwork-only marriage ceremonies and registry-style weddings in Perth The Perth Marriage Office helps couples book a fast, legal marriage in Perth CBD or at a location that suits them. If you are searching for a registry wedding or courthouse wedding in Perth, this is the simple civil celebrant alternative. Get Married See pricing Our Philosophy: Making marriage simple and accessible for everyone in Perth and Western Australia, 24/7. Simple Legal Marriage Services What is the Perth Marriage Office best known for? Straightforward legal marriage services for couples who want the paperwork handled properly, the ceremony kept simple, and the experience to feel calm and professional. Paperwork-Only Ceremony A short legal marriage with the required legal wording, signatures, and none of the extra wedding production unless you want it. Registry-Style Wedding The feel of a registry wedding, but with better support, more flexibility, and the option to marry in Perth CBD or at your chosen location. Courthouse Wedding Alternative Western Australian courts do not perform marriages, so Perth couples usually choose either the BDM registry or an authorised celebrant like us. Perth CBD or Your Place Meet at our Perth CBD office, a cafe, your home, a park, or another suitable Perth location. Witness Help Available Bring your own two adult witnesses, or book our witness service if you need dependable witnesses organised for you. Clear Pricing From $700 Simple marriage services start from $700, with witness, certificate, travel, and after-hours options priced separately. Paperwork-Only Marriage Ceremony Get legally married without the full wedding production Professional, minimal, and still personal You can keep things brief without making the day feel cold or transactional. Authorised Celebrant Your marriage is solemnised by a Commonwealth-registered celebrant who understands the law, the documents, and the timing requirements. Simple Legal Wording A paperwork-only marriage includes the legal monitum, your legal vows, and the signatures required to register the marriage. Legally Exact Every marriage is handled in line with Australian marriage law, with the paperwork lodged and the registration process completed properly. A better answer for couples searching “registry wedding Perth” No Perth Courthouse Wedding Option If you searched for a courthouse wedding in Perth, the practical alternatives are a WA BDM registry wedding or a celebrant-led legal marriage. Registry Feel, Better Flexibility We provide the simple, legal feel couples want from a registry wedding, but with easier communication and more location choice. Perth CBD Convenience Choose a central Perth CBD signing, or ask us to meet you somewhere practical and meaningful. Clear Guidance Before You Book We explain the NOIM, documents, witnesses, timeline, and certificate process in plain English before the ceremony date arrives. Best for couples who want the legal marriage done well, then get on with life Celebrate Later If You Want Many couples do the legal marriage first, then hold a bigger celebration, overseas ceremony, or symbolic wedding later. Ideal for Practical Couples Useful when you care most about getting legally married, keeping costs sensible, or managing admin, visas, property, or family timing. Works With Friend-Led Celebrations Get the legal marriage done with us, then have a friend or family member lead a separate non-legal ceremony later. Available Across Perth We regularly help couples in Perth CBD, Fremantle, Mandurah, Rockingham, Joondalup, and surrounding areas. How a fast legal marriage works in Perth Step 1: Book Your Marriage Choose the paperwork-only service, confirm the location, and lock in the plan that suits you. Step 2: Notice of Intended Marriage We'll help you complete your NOIM correctly. It must be lodged at least one calendar month before the marriage unless a shortening of time is approved. Step 3: Documentation Provide your identification documents, plus divorce or death certificates if relevant. If documents are not in English, translations may be needed. Step 4: Get Married Meet us with your two witnesses, say the required legal words, sign the documents, and you're married. The paperwork-only ceremony usually takes around five to 10 minutes. All Done! You'll receive a ceremonial certificate on the day, and we'll register the marriage so you can order the official certificate from BDM if needed. Legalities Marriage requirements in Western Australia The legal requirements are straightforward, but they do matter. These are the main things every couple needs to know. Age Requirements You must be at least 18 years old to get married in Western Australia. If you're 16-17, you'll need both court approval and parental consent before marriage can occur. Citizenship & Nationality You don't need to be an Australian citizen or resident to get married in Western Australia. Anyone can get married here regardless of nationality, as long as they meet other legal requirements. Gender & Religion Marriage is open to all couples regardless of gender, sexuality, or religious beliefs. You don't need to follow any particular religion or have a religious ceremony. Previous Marriage If you've been married before, you must provide proof that you're free to marry. This means either divorce papers or a death certificate of your previous spouse. Identification Required You'll need to provide original ID documents: either a passport, or a birth certificate plus photo ID. Foreign language documents must be officially translated to English. Physical Presence You cannot get married online or by proxy in Western Australia. Both partners and two witnesses must be physically present at the marriage service. Notice Period You must lodge a Notice of Intended Marriage at least one month before your wedding date. This can be done up to 18 months in advance. Mental Capacity Both parties must understand what marriage means and freely consent to the marriage. You must be able to make your own decisions about marriage. Shortening of Time In exceptional circumstances, you can apply to shorten the one-month notice period. Valid reasons include employment commitments, travel arrangements, medical issues, or legal proceedings. Planning & Paperwork Helpful guides for Perth couples These pages answer the exact questions most couples ask before booking a paperwork-only or registry-style marriage. Registry vs Marriage Office Compare a WA BDM registry wedding with our celebrant-led alternative in Perth, including flexibility, witnesses, and timing. Compare Options Paperwork-Only Guide Learn exactly what a paperwork-only marriage ceremony is, what it includes, who it suits, and how it compares with a registry wedding. Read the Guide Courthouse Wedding in Perth Searching for a courthouse wedding in Perth? This guide explains the WA reality and the best registry-style alternatives. See the Options ### About the Perth Marriage Office URL: https://themarriageoffice.au/about/ Description: Learn about the Perth Marriage Office and our mission to provide simple, legal marriage services. Clear, hassle-free wedding solutions for couples in Perth and Western Australia. Content: About us Making marriage simple and accessible in Perth & Western Australia The Perth Marriage Office provides professional, straightforward marriage services throughout Perth and Western Australia. Available 24/7 by appointment, we focus on making marriage simple, affordable, and stress-free for all couples. Our Services We offer three levels of service to suit every couple's needs, from simple paperwork to full ceremonies. Simple Marriage Service Complete legal marriage service with all paperwork handled professionally. Perfect for couples wanting a quick, easy process. Elopement Service An intimate ceremony with personal touches. Includes all legal requirements plus a meaningful ceremony at your chosen location. Wedding Ceremony Full marriage ceremony service with personalised vows and all the traditions you choose to include. Witness Service Professional witness service available when needed. Our reliable witnesses understand the legal requirements of marriage ceremonies. Location Flexibility Available throughout Perth and Western Australia, at our office or your chosen location. From cafes to beaches and parks, we come to you. Documentation Support Expert assistance with all marriage documentation, from Notice of Intended Marriage to visa support letters. 24/7 Availability Flexible timing to suit your schedule, available any time by appointment. Interpreter Services Professional interpreter services available for ceremonies when required. Simple Process Streamlined, professional service focused on making marriage easy and accessible for everyone. Our Values At the Perth Marriage Office, we believe in making marriage accessible to everyone. 1 Simplicity We make the marriage process as straightforward as possible, handling all legal requirements professionally. 2 Accessibility Available 24/7 by appointment, we work around your schedule to make marriage possible for everyone. 3 Professionalism Led by Commonwealth-registered celebrant Josh Withers, our team ensures every marriage meets all legal requirements. Why Choose Us Professional marriage services focused on making your day simple and stress-free. Experience Years of experience in providing professional marriage services throughout Perth and Western Australia. Flexibility Available 24/7 by appointment, at your chosen location anywhere in Perth or Western Australia. Simplicity Straightforward process, clear pricing, and professional service every time. Where We Serve Our Coverage Perth CBD Main office and central city region Northern Suburbs Joondalup, Wanneroo, and surrounds Southern Suburbs Rockingham, Mandurah, and surrounds Greater Western Australia Available state-wide by arrangement Get in Touch Contact Us Book Online Use our simple online booking system to arrange your marriage service. Contact Us Questions? Get in touch. We're here to help make your marriage process simple. goldcoast@paperwork.net.au or call 0411 849 404 ### Apostille & Legalisation for Marriage Certificates (Australia) URL: https://themarriageoffice.au/apostille-legalisation/ Description: Complete guide to getting your Australian marriage certificate apostilled or legalised for overseas use. Learn when you need apostille vs legalisation and the step-by-step DFAT process. Content: Apostille & Legalisation for Marriage Certificates (Australia) Complete guide to getting your Australian marriage certificate apostilled or legalised for overseas use. Learn when you need apostille vs legalisation and the step-by-step DFAT process. Apostille & Legalisation If you need to use your Australian marriage certificate overseas, you may need to get it apostilled or legalised. This guide explains when each process is required and how to get your documents authenticated by the Department of Foreign Affairs and Trade (DFAT). Authorised Commonwealth Marriage Celebrant. Serving Perth and Fremantle / Perth. When Do You Need Apostille or Legalisation? Using Your Certificate Overseas Most countries require additional authentication before they’ll accept your Australian marriage certificate for official purposes such as: Visa applications Residency applications Name changes abroad Property purchases Employment verification Banking and financial services Legal proceedings The Two Authentication Methods Apostille and legalisation are both ways to verify that your Australian marriage certificate is genuine, but they’re used for different countries. Apostille vs Legalisation: What’s the Difference? Apostille (Simpler Process) For countries that are members of the Hague Convention What it is : A special certificate attached to your document Issued by : Department of Foreign Affairs and Trade (DFAT) Recognition : Automatically accepted by all Hague Convention countries Process : Single-step authentication Faster : Generally quicker than legalisation Common Hague Convention countries include: United Kingdom New Zealand United States Canada Most European Union countries Japan South Korea Many others Legalisation (More Complex Process) For countries that are NOT members of the Hague Convention What it is : Multi-step verification process Steps involved : DFAT authentication + embassy/consulate verification Recognition : Accepted by non-Hague Convention countries Process : Two-step authentication Slower : Takes longer due to multiple steps Common non-Hague Convention countries include: China Thailand Vietnam United Arab Emirates Some Middle Eastern countries Some African countries Step-by-Step Process Step 1: Get Your Marriage Certificate Before you can apostille or legalise , you need an official marriage certificate from the Western Australia Registry of Births, Deaths and Marriages. Not the commemorative certificate from your wedding day Must be an official certified copy or extract See our guide : Order Your Marriage Certificate Step 2: Check Which Process You Need Research the destination country’s requirements: Check with the organisation requesting the document Contact the embassy or consulate of the destination country Look up Hague Convention membership online Ask a migration agent if you’re using one Step 3A: Apostille Process (Hague Convention Countries) Submit to DFAT Complete DFAT application form Include your original marriage certificate Pay the required fee (check DFAT website for current rates) Choose processing speed (standard or express) Submit by post or in person (depending on your location) What DFAT Does Verifies the certificate is genuine Attaches an apostille certificate Returns the documents to you Processing time : Check DFAT website for current timeframes Step 3B: Legalisation Process (Non-Hague Convention Countries) First: DFAT Authentication Same process as apostille initially DFAT verifies and stamps your certificate Returns authenticated document to you Second: Embassy/Consulate Verification Take DFAT-authenticated certificate to the relevant embassy or consulate Complete embassy application forms Pay embassy fees Embassy verifies DFAT’s authentication Embassy adds their own stamp/seal Important Requirements Document Condition Original certificates only - photocopies are not accepted Good condition - no tears, stains, or damage Recent issue - some countries prefer recently issued certificates Correct type - certified copy or extract as required Timing Considerations Plan ahead - the process can take several weeks Express options - available for additional fees Embassy delays - consulates may have their own processing times Holiday periods - government offices may be closed Fees and Costs DFAT fees : Check the Department of Foreign Affairs and Trade website for current apostille and authentication fees. Embassy fees : Each embassy sets their own fees for legalisation services. Total cost : Budget for both DFAT and embassy fees if legalisation is required. Common Mistakes to Avoid Wrong Document Type Don’t use commemorative certificates - they won’t be accepted Check requirements - some countries prefer certified copies over extracts Get multiple copies if you need documents for different purposes Wrong Process Research thoroughly - using apostille for non-Hague countries won’t work Double-check - country membership can change Ask the requesting organisation - they should know what they need Timing Issues Don’t leave it to the last minute - allow plenty of time Consider express options if you’re in a hurry Factor in embassy processing for legalisation Special Situations Multiple Countries If you need your certificate for multiple countries : Get multiple original certificates from WA BDM Each needs separate authentication - you can’t photocopy apostilled documents Different processes may be needed for different countries Urgent Situations Express processing available from DFAT for additional fees Contact embassies to ask about urgent processing Consider professional services if time is critical Document Translation Some countries require translation in addition to apostille/legalisation Use certified translators - not all translations are accepted Translate first, then apostille - the translation may also need authentication Professional Services When to Consider Professional Help Complex requirements - multiple countries or documents Tight deadlines - urgent processing needed Unfamiliar process - first time dealing with authentication High stakes - important visa or legal applications What Professional Services Offer Document collection and lodgement Liaison with DFAT and embassies Status updates and tracking Express processing coordination Translation services Getting Help DFAT Resources Website : Department of Foreign Affairs and Trade Phone : Check DFAT website for contact numbers Offices : Located in major Australian cities Online tracking : Available for submitted applications Embassy and Consulate Information Contact directly for legalisation requirements Check websites for specific procedures and fees Make appointments if required for in-person submission The Perth Marriage Office Support Pre-ceremony advice on certificate requirements Post-ceremony guidance on the authentication process Document verification - ensuring you have the right certificates Contact us if you need help understanding the process Planning Your International Move If you’re planning to move overseas after marriage : Research early - understand what documents you’ll need Get multiple certificates - you may need several for different purposes Start the process early - allow plenty of time for authentication Keep originals safe - you’ll need them for the authentication process Consider professional help - especially for complex situations Ready to Get Married? Book your marriage ceremony with The Perth Marriage Office. We’ll help you understand the entire process, from ceremony to getting your documents ready for international use. Contact us if you have questions about marriage certificates and international authentication requirements. Related Information Order Your Marriage Certificate - Get your official WA marriage certificate Change your name - Name change process after marriage Simple marriage service - Get married with The Perth Marriage Office Requirements - What you need to get married in WA Quick Reference Hague Convention Countries (Apostille) ✅ Simpler process - single DFAT authentication ✅ Faster processing - one step only ✅ Automatic recognition - accepted by all member countries Non-Hague Convention Countries (Legalisation) ⚠️ Two-step process - DFAT + embassy authentication ⚠️ Longer processing - multiple steps required ⚠️ Higher cost - DFAT + embassy fees Remember: Always check the specific requirements with the organisation or country that will be accepting your marriage certificate. Requirements can change, and it’s better to confirm before starting the authentication process. ### Becoming an Authorised Celebrant URL: https://themarriageoffice.au/becoming-a-celebrant/ Description: Learn how to become a marriage celebrant in Western Australia. Get clear guidance on requirements, training, and the application process. Content: Becoming an Authorised Celebrant Learn how to become a marriage celebrant in Western Australia. Get clear guidance on requirements, training, and the application process. Types of Marriage Celebrants There are three types of marriage celebrants in Australia: Commonwealth-registered marriage celebrants Religious marriage celebrants State and Territory Officers Commonwealth-Registered Marriage Celebrant Basic Requirements Be 18 years or older Hold required qualifications Be a fit and proper person Have no criminal record Be an Australian citizen or permanent resident Have strong English language skills Required Qualification Certificate IV in Celebrancy (CHC41015) Must be from registered training organisation Includes marriage celebrancy units Required before application Application Process Step 1: Complete Training Enrol in Certificate IV in Celebrancy Complete all required units Obtain qualification certificate Keep training records Step 2: Apply to Attorney-General’s Department Submit online application Pay application fee Provide documentation Complete assessment Step 3: Registration Receive registration number Complete obligations training Start required record keeping Join professional association (optional) Ongoing Requirements Annual Obligations Pay annual registration fee Complete 5 hours of OPD Maintain skills and knowledge Keep accurate records Professional Responsibilities Follow Code of Practice Maintain registration Update knowledge regularly Keep accurate records Maintain insurance Religious Marriage Celebrants To become a religious marriage celebrant: Be nominated by recognised religion Apply through religious organisation Meet denomination requirements Follow specific guidelines Complete required training State Officers Limited to: Registry staff Specified government positions Appointed state officials Court registrars Other authorised persons Costs Involved Certificate IV course fees Application fee Annual registration fee Professional development costs Insurance premiums Business setup costs Professional Practice Business Aspects Set up business structure Arrange insurance Develop service offerings Set fee structure Market services Legal Requirements Marriage Act compliance Privacy regulations Business regulations Tax obligations Record keeping ### Applying for a Marriage Certificate URL: https://themarriageoffice.au/certificate/ Description: Find out how to apply for your marriage certificate in Western Australia. Get clear details on the process, requirements, and how to obtain your official document. Content: Applying for a Marriage Certificate Find out how to apply for your marriage certificate in Western Australia. Get clear details on the process, requirements, and how to obtain your official document. Types of Certificates Standard Marriage Certificate Official, certified copy of marriage registration Includes full registration details Suitable for all legal and identity purposes Can be used as evidence for surname changes Extract of Marriage Contains only names, date and place of marriage Limited information Not suitable for most identity purposes Certificate of No Record Confirms no marriage record in Western Australia during specified period Sometimes called a single status certificate Required for some overseas marriages May need Department of Foreign Affairs Apostille stamp Only issued to the person named on certificate Who Can Apply? You can apply if you are: One of the married parties A child of the married couple An executor of their estate (must provide evidence) Administrator or trustee (must provide evidence) Someone with written authority or power of attorney (must provide evidence) Note: Marriage records over 75 years old are publicly accessible. How to Apply Online Visit BDM WA online and begin the process there In Person Visit the WA Registry of Births, Deaths and Marriages in Perth Bring required identification Pay applicable fees By Post Download and print the marriage certificate application form from the BDM WA website Complete the form Include required identification and payment Mail to the address provided on the form Processing Times Standard Service Approximately 2 weeks May take longer during peak periods Priority Service Priority processing available (additional fees apply) Applications received after 4:30pm (AWST) processed next business day Priority Service Locations Certificates can be collected at: Perth (BDM WA office) For other locations, certificates will be sent by registered and/or express post. Delivery All certificates sent via registered and/or express post Priority service available at additional cost Collection available at the Perth BDM WA office ### Change Your Name After Marriage in Western Australia URL: https://themarriageoffice.au/change-name/ Description: Find clear steps to legally change your name after marriage. Learn the requirements and process for a smooth name change. Content: Change Your Name After Marriage in Western Australia Find clear steps to legally change your name after marriage. Learn the requirements and process for a smooth name change. After getting married in Australia, you have several options regarding your name: Keep your current surname Take your spouse’s surname Hyphenate both surnames Create a combined surname Use your married surname for some purposes and birth surname for others There is no legal requirement to change your name after marriage. Using Your Marriage Certificate If you were married in Australia , changing to your spouse’s surname is straightforward: Your official marriage certificate (as issued by the Births, Deaths, and Marriages Department) is usually sufficient evidence No formal registration is required Most organisations will accept your marriage certificate as proof Formal Name Change If you want to: Create a new combined surname Use a different name combination Were married overseas You will need to: Apply through the Births, Deaths and Marriages in the state you were each born. Pay their standard name change fee Provide required identification Submit supporting documentation Organisations to Notify If changing your name, remember to update: Driver’s licence Medicare card Passport Bank accounts Electoral roll Australian Tax office Superannuation Insurance policies Professional registrations Important Considerations Government Documents Passport: You’ll need your official marriage certificate Driver’s licence: Marriage certificate required Medicare: Can be updated with certificate Professional Considerations Professional qualifications Business registrations Email addresses Social media accounts Overseas Marriage May need formal name change registration Documents might require translation Additional requirements may apply Timeline There is no legal timeframe for changing your name after marriage. You can: Change it immediately Wait for a while Never change it Change it years later Reverting to Previous Name If you want to revert to your previous name: After marriage: Use your birth certificate After divorce: Use your divorce papers No formal process required unless registered Need Help? We can assist with: Understanding your options Ordering marriage certificates Document requirements General guidance ### Contact the Perth Marriage Office URL: https://themarriageoffice.au/contact/ Description: Send your question to the Perth Marriage Office using our contact form and we will reply by email. Content: Contact Contact The Marriage Office Use this form for all enquiries and we will reply to the email address you provide. Form enquiries only Tell us what you need help with Share your contact details, choose the type of question you have, and let us know how urgent it is. This page is set up for contact form submissions only. Before you send your question Please tell us whether you have already looked through the website for the answer. That helps us give you the quickest and most useful reply. Full name Email address Phone number What type of query do you have? Please choose a query type Getting married with The Marriage Office NOIM or legal paperwork Registry-style wedding or simple legal ceremony Witnessing appointment Marriage certificate or registration question Existing booking support Overseas documents, translations, or visa-related marriage paperwork Other How urgent is your question? 3 - Normal Low Urgent Move the slider to show how quickly you need a reply. Have you already looked through the website for this answer? Yes Partly No Your question Send your question We reply by email, so please use an address you check regularly. ### Courthouse Weddings in Perth: What the Real Options Are URL: https://themarriageoffice.au/courthouse-marriage/ Description: Searching for a courthouse wedding in Perth? Learn why WA courts do not perform marriages, and compare registry weddings with simple celebrant-led legal marriages. Content: Courthouse Weddings in Perth: What the Real Options Are Searching for a courthouse wedding in Perth? Learn why WA courts do not perform marriages, and compare registry weddings with simple celebrant-led legal marriages. If you are searching for a courthouse wedding in Perth, the first thing to know is that Western Australian courts do not usually perform marriages in the way many Americans expect. In Perth, when people say “courthouse wedding”, they usually mean one of two things: a registry wedding through the WA Registry of Births, Deaths and Marriages a simple legal marriage performed by an authorised celebrant That distinction matters, because it changes where you book, how flexible the experience is, and what kind of support you get. The Short Answer There is no standard courthouse wedding service run by Perth courts. If you want a short, legal marriage in Perth, your practical options are: a WA BDM registry wedding a celebrant-led paperwork-only or registry-style marriage ceremony Both options produce the same legal result: a valid Australian marriage. What Perth Couples Usually Mean by “Courthouse Wedding” Most couples using this phrase are usually looking for one or more of these things: a small legal marriage a simple ceremony with no fuss a quick signing with the required legal wording no big guest list or reception planning a lower-cost alternative to a full traditional wedding That means the search intent is usually about simplicity, not the courthouse itself. Your Two Real Options in Perth Option What it means Registry wedding You marry through the WA Registry of Births, Deaths and Marriages in Perth. Celebrant-led legal marriage You marry with an authorised celebrant in a simple, legal ceremony at a Perth location that suits you. Why Many Couples Choose the Celebrant Option For couples searching “courthouse wedding Perth”, a celebrant-led registry-style ceremony is often a better fit because it keeps the legal simplicity while giving you: more choice about where the ceremony happens more choice about timing direct support with the NOIM and document questions the option to keep the ceremony brief without feeling like a government appointment You can still keep it extremely simple. Many couples do only the legal wording, the signatures, and a few quiet photos afterwards. Is It Still a Registry-Style Wedding? Yes, in the way most people use the phrase. A registry-style wedding usually means: a simple legal marriage minimal ceremony no elaborate setup focus on the official process rather than a full wedding event That is exactly why celebrant-led paperwork-only ceremonies appeal to people searching for courthouse or registry weddings in Perth. What You Still Need Either Way Whichever option you choose, you still need to satisfy Australian marriage law: a Notice of Intended Marriage lodged at least one calendar month beforehand proof of identity and birth details evidence ending any previous marriage if relevant two witnesses aged 18 or over both people present in person Which Option Is Better for You? Choose the registry if you want: a government-run process a set location a very standard format Choose a celebrant-led legal marriage if you want: the same legal outcome a more flexible Perth location clearer personal support a short ceremony that still feels warm and professional Helpful Next Steps Compare both options on Registry Wedding at the BDM vs The Perth Marriage Office Learn how a paperwork-only marriage ceremony works See the pricing Read how to get married quickly in Perth Frequently Asked Questions Can you get married at a courthouse in Perth? Not in the usual American sense. Perth couples normally choose either a WA BDM registry wedding or a celebrant-led legal marriage. Is a celebrant-led marriage legally the same as a registry wedding? Yes. The legal status of the marriage is the same when it is performed correctly by an authorised celebrant. Can a courthouse-style wedding in Perth be very short? Yes. A paperwork-only or registry-style ceremony can often be completed in about five to 10 minutes once the legal notice period has passed. Can we choose our own location? Yes, if you use an authorised celebrant. That is one of the main reasons many couples choose this option instead of a registry office appointment. ### Destination Weddings URL: https://themarriageoffice.au/destination/ Description: Plan your destination wedding with Marriage Office. Get clear info on legal requirements and services for a stress-free ceremony abroad. Content: Destination Weddings Plan your destination wedding with Marriage Office. Get clear info on legal requirements and services for a stress-free ceremony abroad. Planning a destination wedding or elopement ? Let us handle the legal aspects in Australia before or after your overseas celebration. Save thousands on international paperwork, avoid complex legal processes, and make your name change seamless—all while keeping your dream destination wedding. Why Marry Legally in Australia? Cost Savings Avoid expensive overseas legal fees No translation costs for documents No international postage for certificates Save on apostille and authentication fees Free name change with Australian marriage Avoid International Complications No dealing with foreign government offices No document translation requirements No appointment scheduling across time zones No visa/residency complications No overseas legal requirements Simplify Your Name Change Australian marriage certificate widely accepted Change your name for free Immediate access to original certificates No overseas document authentication needed Valid for all Australian institutions Our Simple Process Before Your Destination Wedding Lodge your Notice of Intended Marriage Complete a simple legal ceremony in Perth or anywhere in Western Australia Receive your marriage certificate Travel overseas for your celebration No legal stress at your destination After Your Destination Wedding Have your dream ceremony overseas Return home and lodge NOIM Complete legal aspects with us in Perth or WA Receive Australian marriage certificate Process name changes easily What We Provide All legal paperwork handled Simple, quick legal service in Perth and WA Professional celebrant Witness service if needed Legal marriage certificate Supporting documentation Costs Standard fees apply : Simple Marriage Service : $700 (inc GST) Witness Service if needed: $130 (inc GST) Official Marriage Certificate: $70 (inc GST) Compare this to international marriage costs often exceeding $2,000-$3,000 Common International Marriage Challenges We Help You Avoid Document Translation Birth certificates Identity documents Legal declarations Previous marriage documents Government forms International Requirements Residency periods Local legal representation Multiple government appointments Original document requirements Authentication processes Post-Marriage Complications Certificate translation Document authentication International postage Legal recognition Name change processes Benefits of Our Service Time Saving No overseas paperwork No document gathering No translation waiting times No international postage delays Quick processing time Stress Reduction No language barriers No unfamiliar legal systems No international coordination No overseas government offices Professional support throughout Cost Effective One simple fee No hidden costs No international charges No translation fees No authentication costs How It Works Initial Contact Discuss your plans Choose timing option Understand requirements Documentation Lodge NOIM Provide identification Arrange witnesses Legal Marriage Quick, simple service in Perth or WA All paperwork completed Certificates issued Your Celebration Have your dream wedding No legal stress Focus on celebrating Additional Services Witness provision Express processing Documentation guidance Location flexibility in Perth and WA Timing options Common Questions Q: Which date will be our official anniversary? A: Your legal marriage date in Australia will be your official anniversary. Q: Can we still have a full ceremony overseas? A: Absolutely! Your overseas celebration can include any elements you wish. Q: Will our overseas celebration still feel ‘real’? A: Yes! Many couples find their celebration more relaxed without legal pressures. Q: What about overseas marriage certificates? A: You won’t need them—your Australian certificate is all you need. Let us help you avoid international marriage complications while still having your dream destination wedding, with legal marriage services available anywhere in Perth or Western Australia. ### Marriage After Divorce URL: https://themarriageoffice.au/divorced/ Description: Find clear guidance on getting married after divorce. Learn about legal requirements and necessary documents for a smooth process in Western Australia. Content: Marriage After Divorce Find clear guidance on getting married after divorce. Learn about legal requirements and necessary documents for a smooth process in Western Australia. Can I Get Married If I’m Divorced? Yes, you can get married if you’re divorced. However: Your divorce must be final and absolute before your marriage ceremony You must provide proof of divorce The divorce must be legally recognised in Australia What If My Divorce Is Pending? You can: Lodge your Notice of Intended Marriage (NOIM) while divorce is pending Choose a wedding date after your expected divorce finalisation Start the marriage planning process However: The marriage ceremony cannot proceed until divorce is final Must wait until divorce is final and absolute Australian divorces become final one month and one day after court approval International divorces must be finalised according to their jurisdiction Required Documentation For Australian Divorces You must provide: Original Divorce Order or Final divorce certificate issued by the Court Certificate of Divorce from the Federal Circuit and Family Court of Australia For Overseas Divorces You must provide: Original divorce documentation Official English translation (if not in English) Proof of divorce recognition in that country Documentation must be current and valid How to Get Your Divorce Papers Australian Divorces Contact the Federal Circuit and Family Court where divorce was granted Request a copy of your divorce order Pay applicable fee Allow processing time Lost Documentation If you’ve lost your divorce papers: Apply to the Federal Circuit and Family Court for replacement Pay required fees Allow 2-3 weeks for processing Rush processing available for additional fee Overseas Divorces Contact relevant court or authority in that country Request official copies Have documents translated by a NAATI translator May need additional verification Special Circumstances Recent Divorces Must wait one month and one day after divorce is granted This cooling-off period cannot be waived Plan your marriage date accordingly Can lodge NOIM during this waiting period Pending Divorces Can lodge NOIM while divorce is pending Marriage ceremony date must be after divorce finalisation Must provide divorce documentation before ceremony We can help you plan appropriate timing Religious Divorces Must have civil divorce documentation Religious divorce alone is not sufficient Both civil and religious divorce may be required Common Questions Q: My ex-spouse has remarried. Do I still need proof of divorce? A: Yes, you must still provide official divorce documentation. Q: What if I can’t get my divorce papers? A: Contact the Federal Circuit and Family Court for assistance. We cannot proceed without proper documentation. Q: How recent must the divorce papers be? A: No expiry date, but must be original or certified copies. Checking Your Divorce Status If unsure about your divorce status: Contact the Federal Circuit and Family Court Provide your case number Request confirmation of status Allow time for processing Need Help? We can assist with: Understanding documentation requirements Verifying if your documents are sufficient Finding the right contacts for documentation General guidance about divorce requirements Planning appropriate timing with pending divorces Note: While we can provide general guidance, we cannot offer legal advice. For specific legal questions about your divorce, please consult a legal professional. Important Reminders You can lodge NOIM while divorce is pending Don’t book your marriage until divorce is final Allow time to obtain documentation Have overseas documents translated early Keep original documents safe Bring original documentation to your marriage service ### Frequently Asked Questions URL: https://themarriageoffice.au/faq/ Description: Find answers to common marriage questions. Our FAQ covers legal requirements, certificates, name changes, and more for a smooth wedding process in Perth and Western Australia. Content: Frequently Asked Questions How far in advance should we lodge our Notice of Intended Marriage (NOIM)? Your NOIM must be lodged at least one month before your wedding date, but can be lodged up to 18 months in advance. We recommend lodging early to avoid timing issues. What documents do we need to provide with our NOIM? You'll need: Birth certificate or passport (for proof of date/place of birth), photo ID (driver's licence, passport, etc.), if previously married: divorce papers or death certificate of former spouse. Any documents not in English must be officially translated. Will we attend your wedding? The Marriage Office offers a simple paperwork-only service conducted over a desk or a table, usually provided before or after a ceremonial wedding performed by a friend or religious minister. We can attend the wedding at a full wedding ceremony cost. What are your fees? Our current fees (inc GST) are: Simple Marriage Service: $700, Witness Service: $130, Official Marriage Certificate: $70, After Hours Service: $300 (before 9am/after 9pm). We accept Visa, Mastercard, AMEX, bank deposit, cash, and PayID. What's the difference between your simple marriage service and a traditional wedding? Our simple marriage service is purely the legal requirements - signing papers with witnesses. No ceremony elements are included. It takes about five to 10 minutes. Do we need to provide witnesses? Yes, you need two witnesses aged 18 or over. We can provide witnesses for an additional fee of $130 (inc GST). Can we get married the same day we lodge our NOIM? No. There is a mandatory one-month waiting period unless you obtain a shortening of time from a prescribed authority. Do we both need to sign the Notice of Intended Marriage (NOIM) together? No, you can sign with different witnesses at different times and days. Once one party's signature has been witnessed by an authorised witness and the celebrant has received it the one month waiting period begins. If I've changed my name, which name should I use on the NOIM? You must use your current legal name, which should be supported by official documentation (birth certificate, change of name certificate, or marriage certificate). What if my documents are not in English? All foreign language documents must be translated by a NAATI accredited translator. Both original documents and translations must be provided. When do we receive our marriage certificate? You'll receive a ceremonial certificate on the day. The official certificate must be ordered separately through Births, Deaths and Marriages Western Australia. Do we both need to sign the Notice of Intended Marriage (NOIM) to begin the one month period? If one party is unable to sign the NOIM before one month before they would like to marry, one party's signature is enough to begin the one month waiting period. Where can we have our simple marriage service? We can conduct the service at: our office, local cafes, public parks, your chosen venue, or anywhere in Perth and Western Australia (travel fees may apply). What if one of us lives overseas? You can lodge your NOIM from overseas by having it witnessed by an Australian Consular Officer, Australian Diplomatic Officer, or notary public. Can the one-month notice period be shortened? Yes, but only in exceptional circumstances and only after: 1) Your NOIM has been lodged with us, 2) You apply to a prescribed authority with substantial supporting evidence, 3) The authority approves your application. Approval is never guaranteed. How do I change my name after marriage? Your marriage certificate from BDM WA can be used to update your name with most organisations. Some may require additional documentation. How long does it take to receive the official marriage certificate? Standard processing through BDM WA takes approximately 2 weeks after your marriage is registered. ### Fiancé Visa Letter for Immigration URL: https://themarriageoffice.au/fiance-visa-letter/ Description: Get clear guidance on obtaining a fiancé visa letter. Learn the requirements and steps needed for a smooth visa application process. Content: Fiancé Visa Letter for Immigration Get clear guidance on obtaining a fiancé visa letter. Learn the requirements and steps needed for a smooth visa application process. What is a Fiancé Visa Letter? A Fiancé Visa Letter (also called a Notice of Intended Marriage letter) is an official document that: Confirms your intention to marry in Australia Shows you’ve lodged your Notice of Intended Marriage Supports visa applications Indicates planned marriage date and location Is signed by your authorised celebrant We Can Help The Perth Marriage Office can provide: Official Fiancé Visa Letter Notice of Intended Marriage lodgement Supporting documentation Professional guidance Quick turnaround How to Get Your Letter Step 1: Lodge Notice of Intended Marriage Complete your NOIM Provide required ID documentation Pay standard fee Can be done from overseas Step 2: Request Letter Letter issued after NOIM lodgement Includes all required information Official celebrant signature Ready for visa applications What’s Included Your letter will confirm: Intended marriage date Both parties’ details NOIM lodgement Celebrant details Ceremony location Legal capacity to marry Important Notes Letter doesn’t guarantee visa approval Must still meet visa requirements Marriage must occur within 18 months One month notice period applies Additional documentation may be needed Using Your Letter For Visa Applications Submit with visa paperwork Include with supporting documents Use for immigration purposes Keep copies for records Timing Considerations Allow time for processing Plan for notice period Consider visa processing times Book ceremony accordingly Fees Included in marriage service fee No additional charge for letter Standard marriage service fees apply Additional copies available if needed Need to Know We don’t provide immigration advice Letter is supporting documentation only Consult migration agents for visa advice Check current visa requirements Plan timing carefully Common Questions Q: How quickly can I get the letter? A: Usually within 1-2 business days after NOIM lodgement. Q: Can I get the letter before coming to Australia? A: Yes, once your NOIM is properly lodged. Q: Will this guarantee my visa? A: No, visa decisions are made by immigration authorities. Next Steps Contact us to begin process Complete NOIM documentation Provide required identification Request Fiancé Visa Letter Use for visa application Additional Services We can also help with: Marriage ceremony booking Documentation guidance Translation requirements Ceremony planning Witness services Note: While we provide Fiancé Visa Letters, we cannot provide migration advice. For specific visa inquiries, please consult a registered migration agent. ### For AI and Bots URL: https://themarriageoffice.au/for-ai-and-bots/ Description: Perth Marriage Office publishes machine-readable discovery files for language models, crawlers, and automated agents. Content: Machine Readable For AI and Bots at Perth Marriage Office This page explains the machine-readable resources published by Perth Marriage Office at https://themarriageoffice.au/. What this means Perth Marriage Office publishes machine-readable files for language models, search crawlers, and other automated systems. These files are generated during the site build so they stay aligned with the public pages on Perth Marriage Office. If you are indexing or summarising this website, prefer the canonical URLs published under https://themarriageoffice.au/ . llms.txt A concise machine-readable guide to the public pages and canonical resources available on Perth Marriage Office. https://themarriageoffice.au/llms.txt llms-full.txt A fuller machine-readable export of the public pages on Perth Marriage Office, generated from the built site output. https://themarriageoffice.au/llms-full.txt robots.txt The canonical crawl directives for Perth Marriage Office. https://themarriageoffice.au/robots.txt sitemap.xml The canonical XML sitemap for Perth Marriage Office. https://themarriageoffice.au/sitemap.xml Build-time generation These resources are generated from the configured site identity and the final built pages, so the output stays consistent with Perth Marriage Office, its canonical URLs, and its public content. ### Having A Friend Marry You URL: https://themarriageoffice.au/friends/ Description: A brief legal service is conducted by Marriage Office, after which your friend can perform the ceremony on your chosen date without legal constraints. Content: Having A Friend Marry You A brief legal service is conducted by Marriage Office, after which your friend can perform the ceremony on your chosen date without legal constraints. A Better Way Than Becoming a Celebrant Are you or a friend considering becoming a marriage celebrant just to perform one special ceremony? While the sentiment is beautiful, there’s a simpler solution that saves time, money, and stress. Why Becoming a Celebrant Isn’t the Best Option Becoming an authorised marriage celebrant requires: Certificate IV in Celebrancy ($2,500-$5,000) 12-18 months of study time Application fees to Attorney-General’s Department 3 months processing time Annual registration fees Professional insurance Ongoing professional development Plus business costs like: Marketing and advertising Professional equipment Travel expenses Administration time Ongoing education Our Simple Solution Instead of this significant investment, we offer a service that lets your friend or family member conduct your ceremony while we handle all legal requirements. Here’s how it works: Three Flexible Options Legal Marriage Before Your Ceremony Quick legal service with us (5-10 minutes) Your friend conducts your ceremony on your chosen date No legal restrictions on their ceremony content Legal Marriage After Your Ceremony Your friend performs the ceremony Legal paperwork completed with us later Gives complete freedom for ceremony design Legal Marriage at Your Ceremony We attend discretely Complete legal requirements privately Your friend conducts the full ceremony We remain present as required by law Benefits of Our Approach For Your Friend No need for expensive qualifications No legal responsibilities or risks Freedom to create a personal ceremony Can focus on the emotional aspects No ongoing commitments or costs For You Professional handling of legal requirements Personalised ceremony by someone who knows you Significantly lower cost than celebrant training Faster and simpler process Complete ceremony flexibility What Your Friend Can Do They have complete freedom to: Write their own ceremony script Include personal stories and memories Add any readings or rituals Perform symbolic ceremonies Create unique ceremony elements Sign ceremonial certificates Design the perfect ceremony What We Handle We take care of all legal aspects: Notice of Intended Marriage Required declarations Legal documentation Marriage registration Official certificates Compliance requirements Simple Pricing Standard fees apply : Simple Marriage Service: $700 (inc GST) Witness Service if needed: $130 (inc GST) Official Marriage Certificate: $70 (inc GST) Travel/after-hours fees may apply How to Get Started Initial Planning Choose your preferred timeline Decide on ceremony location Select your ceremony date Legal Requirements Lodge NOIM (one month notice required) Provide identification documents Arrange witnesses (or use our service) Ceremony Planning Work with your friend on the ceremony Design your perfect celebration Include any elements you wish Common Questions Q: Will guests know about the legal arrangement? A: Only if you choose to tell them. Many couples keep this private. Q: Can our friend still sign something during the ceremony? A: Yes, we can provide a ceremonial certificate for signing. Q: What words does our friend need to say? A: None! They have complete freedom in their ceremony wording. Q: Can we still have traditional elements like ring exchange? A: Absolutely! Your ceremonial celebration can include any elements you wish. Let your friend focus on creating a meaningful, personal ceremony while we ensure everything is legally perfect. ### Get Married Quickly in Perth URL: https://themarriageoffice.au/get-married-quickly/ Description: The fastest legal way to get married in Perth, WA. Learn the one-month notice rule, when a shortening of time may apply, and how a paperwork-only ceremony can keep the process simple. Content: Get Married Quickly in Perth The fastest legal way to get married in Perth, WA. Learn the one-month notice rule, when a shortening of time may apply, and how a paperwork-only ceremony can keep the process simple. If your priority is to get married quickly in Perth, the fastest legal approach is usually not a bigger wedding plan. It is a simple, well-organised legal marriage with the paperwork done early and the ceremony kept brief. The Fastest Legal Way to Get Married in Perth For most couples, the quickest path is: lodge the Notice of Intended Marriage as soon as possible prepare your identity documents straight away choose a simple paperwork-only or registry-style ceremony marry as soon as the one-calendar-month notice period is complete Once the legal wait has passed, the ceremony itself can often take only five to 10 minutes. The Rule That Usually Controls the Timeline Australian marriage law requires the NOIM to be lodged at least one calendar month before the marriage date. That means: if your NOIM is lodged on 10 April, the earliest normal marriage date is 10 May if you wait to organise documents, you usually delay the whole process the ceremony can be very quick, but the notice period still matters Can We Marry Sooner Than One Month? Only if a prescribed authority grants a shortening of time . This is not automatic. It is reserved for limited circumstances such as: employment-related commitments medical reasons legal proceedings travel or wedding arrangements already made an error in giving notice If a shortening of time is not approved, the normal one-calendar-month wait still applies. Why a Paperwork-Only Ceremony Is Usually the Fastest Option A paperwork-only marriage ceremony removes the extra parts that slow couples down: no venue production timeline no long ceremony planning no large guest coordination no need to build a full wedding-day run sheet You focus on the legal steps, the required wording, the witnesses, and the signing. That is why couples searching for: get married quickly Perth registry wedding Perth courthouse wedding Perth often end up choosing a paperwork-only or registry-style ceremony. What You Need Ready To keep the process moving, have these organised early: passport or birth certificate plus photo ID divorce or death certificates if relevant translations if documents are not in English two witnesses aged 18 or over You can read the full requirements here. What the Ceremony Day Looks Like On the day, a quick legal marriage usually means: meeting at the agreed Perth location the celebrant conducting the required legal wording each person making the legal vow everyone signing the documents the celebrant completing the registration steps For many couples, that is all they need. Perth Registry Wedding or Celebrant? If speed matters most, both can work. The registry may suit couples who want a government-run appointment. A celebrant-led legal marriage often suits couples who want: more flexible timing a more convenient location direct help with the paperwork the simplest possible experience without losing professionalism Compare both options on Registry Wedding at WA BDM vs The Perth Marriage Office . Best Next Steps If You Need to Move Fast read the NOIM guide check the pricing see how a paperwork-only marriage ceremony works book online Frequently Asked Questions What is the fastest legal way to get married in Perth? Usually, it is to lodge the NOIM immediately, keep the ceremony simple, and marry as soon as the one-calendar-month notice period is complete. Can we get married in Perth the same week we decide? Normally no. The one-calendar-month notice period applies unless a shortening of time is approved. How long does the ceremony itself take? A paperwork-only or registry-style legal marriage often takes around five to 10 minutes on the day. Is a paperwork-only ceremony the fastest option? For many couples, yes. It removes most of the planning that slows down a larger wedding while still giving you a fully legal marriage. ### ID Requirements URL: https://themarriageoffice.au/id/ Description: All the ID required for marriage in Australia. Learn which documents you need for a smooth and legal wedding process. Content: ID Requirements All the ID required for marriage in Australia. Learn which documents you need for a smooth and legal wedding process. Primary Requirements You must provide either: Current passport (Australian or overseas) OR Birth certificate PLUS photo ID Acceptable Photo ID If using a birth certificate, you must also provide one of: Current driver’s licence Current proof of age card Current government-issued ID card Current student ID from recognised institution Birth Certificate Requirements If using a birth certificate: Must be original or certified copy Extracts generally not accepted Must be in good condition Must be government-issued Cannot be commemorative certificates Passport Requirements If using a passport: Must be current or expired less than 3 years Must be in good condition Must show place of birth Cannot be damaged or tampered with Special Circumstances Previously Married Additional documents required: Final divorce certificate , or Death certificate of previous spouse Must be original or certified copies Change of Name If your name differs from your birth certificate: Change of name certificate Marriage certificate (if changed by marriage) Deed poll documentation Legal name change documentation Overseas Documents For documents not in English: Must be translated by NAATI accredited translator Both original and translation required Translation must be certified Original documents must be sighted Certified Copies If providing certified copies: Must be certified by one of: Justice of the Peace Legal practitioner Police officer Pharmacist Medical practitioner What’s Not Acceptable We cannot accept: Photocopies (unless certified) Medicare cards alone Credit cards Bank statements Social media profiles Birth certificate extracts Expired passports (over 3 years) Student cards as primary ID Documents for Notice of Intended Marriage When lodging your NOIM, you need: All ID documents as listed above Any additional documentation (divorce papers etc.) Documents showing place of birth Tips for Smooth Processing Bring original documents Have current photo ID Ensure translations are complete Allow time for document certification Keep documents together Make copies for your records Urgent Situations If you have difficulty obtaining documents: Contact us for guidance Allow extra time for processing Consider alternative documentation May need statutory declarations Need Help? We can assist with: Checking document validity Understanding requirements Finding appropriate alternatives Document certification guidance Translation service referrals Note: All documents must be original or properly certified copies. We cannot accept uncertified copies or digital versions. Requirements may vary based on individual circumstances. Important Reminders Bring all original documents to your marriage service Documents must be current and valid International documents need translation Keep certified copies safe Plan ahead for document gathering ### Marriage Act of 1961 URL: https://themarriageoffice.au/marriage-act-1961/ Description: The Marriage Act 1961 is the primary legislation governing marriage in Australia. It outlines the legal requirements for marriage, including the definition of marriage, the roles of authorised celebrants, and the procedures for solemnising marriages. Content: Marriage Act of 1961 The Marriage Act 1961 is the primary legislation governing marriage in Australia. It outlines the legal requirements for marriage, including the definition of marriage, the roles of authorised celebrants, and the procedures for solemnising marriages. The Marriage Act 1961 presented on this website is provided for informational purposes only. While we strive to maintain accuracy, this version should not be relied upon as the authoritative source. For the most current and officially formatted version of this legislation, please visit the Commonwealth Government website . The official version should be consulted for all legal purposes and interpretations. Compilation No. 32 Compilation date: 11 December 2024 An Act relating to Marriage Part I — Preliminary 1 Short title This Act may be cited as the Marriage Act 1961 . 2 Commencement (1)Sections 1, 2 and 3, subsection 5(1), section 9, Parts III and VIII and section 120 shall come into operation on the day on which this Act receives the Royal Assent. (2)The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation. 2A Objects of this Act It is an object of this Act to create a legal framework: (a)to allow civil celebrants to solemnise marriage, understood as the union of 2 people to the exclusion of all others, voluntarily entered into for life; and (b)to allow ministers of religion to solemnise marriage, respecting the doctrines, tenets and beliefs of their religion, the views of their religious community or their own religious beliefs; and (c)to allow equal access to marriage while protecting religious freedom in relation to marriage. 5 Interpretation (1)In this Act, unless the contrary intention appears: Ambassador includes Minister, Head of Mission and Chargé d’Affaires . approved organisation means an organisation approved or deemed to be approved under Part IA. artificial conception procedure includes: (a)artificial insemination; and (b)the implantation of an embryo in the body of a woman. Australia includes Norfolk Island. Australian Consular Officer and Australian Diplomatic Officer have the same respective meanings as in the Consular Fees Act 1955 . authorised celebrant means: (a)in relation to a marriage proposed to be solemnised in Australia: (i)a minister of religion registered under Subdivision A of Division 1 of Part IV; or (ii)a person authorised to solemnise marriages under Subdivision B of Division 1 of Part IV; or (iii)a marriage celebrant; or (iv)a religious marriage celebrant; or (b)in relation to a marriage proposed to be solemnised in accordance with Division 3 of Part V: (i)a chaplain; or (ii)an officer (within the meaning of the Defence Act 1903 ), other than a chaplain, authorised by the Chief of the Defence Force under section 71A to solemnise marriages under that Division. celebrant registration charge : see subsection 39FA(1). chaplain means a chaplain in the Defence Force. charge payment day : see subsection 39FA(2). Consul includes ConsulGeneral, ViceConsul, ProConsul and Consular Agent. Deputy Registrar of Marriage Celebrants means an APS employee who occupies a position in the Department as referred to in subsection 39AA(1). Family Court of a State means a Family Court of a State that has jurisdiction under the Family Law Act 1975 by virtue of a Proclamation under section 41 of that Act. Judge , in relation to the performance of a function under this Act in a State or Territory, means a person who is: (a)a Judge of the Federal Circuit and Family Court of Australia (Division 1), or a Judge of the Federal Circuit and Family Court of Australia (Division 2), who is appointed by the Minister to be a person authorised to perform that function; (b)a Judge of a court of that State in respect of whom an appropriate arrangement in force under section 9 is applicable; or (c)a Judge of the Supreme Court of that Territory. magistrate means: (a)in relation to a State—a person who holds office as a Chief, Police, Stipendiary, Resident or Special Magistrate of the State and in respect of whom an appropriate arrangement in force under section 9 is applicable; and (b)in relation to a Territory—a person who holds office as a Chief, Police, Stipendiary, Resident, Special Magistrate or Judge, or acting Judge, of a Local Court of the Territory. marriage means the union of 2 people to the exclusion of all others, voluntarily entered into for life. marriage celebrant means a person registered under Subdivision C of Division 1 of Part IV. medical practitioner has the meaning given by the Health Insurance Act 1973 . minister of religion means: (a)a person recognised by a religious body or a religious organisation as having authority to solemnise marriages in accordance with the rites or customs of the body or organisation; or (b)in relation to a religious body or a religious organisation in respect of which paragraph (a) is not applicable, a person nominated by: (i)the head, or the governing authority, in a State or Territory, of that body or organisation; or (ii)such other person or authority acting on behalf of that body or organisation as is prescribed; to be an authorised celebrant for the purposes of this Act. minor means a person who has not attained the age of 18 years. overseas country means a country or place other than a part of the Sovereign’s dominions, and, in Part V, includes a vessel which is for the time being in the territorial waters of such a country or place. prescribed authority means: (a)in relation to a marriage proposed to be solemnised in Australia—a person, being an officer or employee of the Commonwealth, a State or a Territory, appointed by the Minister to be a prescribed authority; (c)in relation to a marriage proposed to be solemnised in accordance with Division 3 of Part V—a chaplain or an officer (within the meaning of the Defence Act 1903 ), other than a chaplain, authorised by the Chief of the Defence Force under section 71A to solemnise marriages under that Division. recognised denomination means a religious body or a religious organisation in respect of which a Proclamation under section 26 is in force. Registrar , in Subdivisions C, D and E of Division 1 of Part IV, means the Registrar of Marriage Celebrants (see section 39A). Registrar of Marriage Celebrants : see subsection 39A(2). religious marriage celebrant means a person identified as a religious marriage celebrant on the register of marriage celebrants under Subdivision D of Division 1 of Part IV. Territory means: (a)the Australian Capital Territory; or (b)the Northern Territory; or (c)Norfolk Island; or (d)the Territory of Christmas Island; or (e)the Territory of Cocos (Keeling) Islands. the commencement of this Act means the time of commencement of the provisions other than the provisions referred to in subsection 2(1). the Sovereign’s dominions includes a British protectorate and a British protected State. (2)Where: (a)a marriage is solemnised in the physical presence of a person, being a person in whose physical presence a marriage may, in accordance with this Act, be lawfully solemnised; and (b)that person consents to the marriage being solemnised in his or her presence; that person shall, for the purposes of this Act, be deemed to solemnise the marriage. (3)Any appointment or authorisation under this Act may be an appointment or authorisation of: (a)a named person only; or (b)every person from time to time holding or acting in a specified office of the Commonwealth or of a State or Territory. 5A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note:Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 6 Act not to exclude operation of certain State and Territory laws This Act shall not be taken to exclude the operation of a law of a State or of a Territory, in so far as that law relates to the registration of marriages, but a marriage solemnised after the commencement of this Act is not invalid by reason of a failure to comply with the requirements of such a law. 7 Validity of certain marriages not affected Subject to the operation of the Part repealed by the Marriage Amendment Act 1976 before the date fixed under subsection 2(2) of this Act, this Act does not affect the validity or invalidity of a marriage that took place before the date so fixed. 8 Extension of Act to Territories etc. (1)The whole of this Act extends to the following Territories: (a)Norfolk Island; (b)the Territory of Christmas Island; (c)the Territory of Cocos (Keeling) Islands. (2)Part V applies both within and without Australia. (3)Part VII applies to and in relation to: (a)marriages solemnised, or intended or purporting to be solemnised, in Australia; and (b)marriages solemnised, or intended or purporting to be solemnised, under Part V; and, in relation to such marriages, applies both within and without Australia. (4)Section 73, Part VA and section 111 extend to all the external Territories. 9 Arrangements with State (1)The GovernorGeneral may make arrangements with the Governor of a State: (b)for the performance by all or any of the persons who from time to time hold office as Judges of any Court of that State of the functions of a Judge under sections 12, 16 and 17; (c)for the performance by all or any of the persons who from time to time hold office as Chief, Police, Stipendiary, Resident or Special Magistrates in that State of all or any of the functions of a magistrate under this Act; (d)for the performance by officers of that State of the function of solemnising marriages in accordance with Division 2 of Part IV; (e)for enabling officers of that State to be appointed as prescribed authorities; (f)for enabling officers of that State to be appointed as Registrar and Deputy Registrar of Ministers of Religion for that State under Subdivision A of Division 1 of Part IV; and (g)for enabling officers of that State to be appointed as authorised officers for the purposes of section 51. (2)A copy of each arrangement made under this section shall be published in the Gazette . 9A Persons who may exercise certain powers may be restricted by Proclamation (1)The GovernorGeneral may, by Proclamation, declare that, on and after a date fixed by the Proclamation, a power or function under this Act that is specified in the Proclamation, being a power or function expressed by this Act to be exercisable by a Judge, or by a Judge or magistrate, is not to be exercised, or is not to be exercised in a specified part of Australia, otherwise than by a Judge who is a Judge of the Federal Circuit and Family Court of Australia (Division 1), the Federal Circuit and Family Court of Australia (Division 2) or the Family Court of a State. (2)Proclamations under this Part in respect of different parts of Australia may be made from time to time. Part IA — Marriage education 9B Grants to approved organisations The Minister may, from time to time, out of moneys appropriated by the Parliament for the purposes of this Part, grant to an approved organisation, upon such conditions as the Minister thinks fit, such sums by way of financial assistance as the Minister determines for the conduct of programs of marriage education. 9C Approval of voluntary organisations (1)A voluntary organisation may apply to the Minister for approval under this Part as an organisation conducting programs of marriage education. (2)The Minister may approve the organisation if the Minister is satisfied that the organisation is willing and able to conduct programs of marriage education. (3)The approval of an organisation under this section may be given subject to such conditions as the Minister determines. (4)Where the approval of an organisation is subject to conditions, the Minister may, from time to time, revoke or vary all or any of those conditions or add further conditions. (5)The Minister may, at any time, revoke the approval of an approved organisation where: (a)the organisation has not complied with a condition to which the approval of the organisation is subject; (b)the organisation has not furnished, in accordance with section 9E, a statement or report that the organisation was required by that section to furnish; or (c)the Minister is satisfied that the organisation is not adequately carrying out programs of marriage education. (6)Notice of the approval of an organisation under this section, and notice of the revocation of the approval of an approved organisation, shall be published in such manner as the Minister considers appropriate. 9E Reports and financial statements of approved organisations (1)An approved organisation that has received a grant under this Act in the period of 12 months that ended on 30 June in any year shall, not later than 30 September in that year, furnish to the Minister, in respect of that period of 12 months: (a)an audited financial statement of the receipts and payments of the organisation, in which receipts and payments in respect of its marriage education activities are shown separately from other receipts and payments; and (b)a report on its marriage education activities, including information as to the programs conducted by the organisation during the period and the number of participants in those programs. (2)Where the Minister is satisfied that it would be impracticable for an organisation to comply with the requirements of subsection (1) or that the application of those requirements to an organisation would be unduly onerous, the Minister may, by writing signed by the Minister, exempt the organisation, wholly or in part, from those requirements. Part II — Marriageable age and marriages of minors 10 Application of Part (1)The whole of this Part applies, notwithstanding any common law rule of private international law, in relation to: (a)marriages to which Division 2 of Part IV applies; and (b)marriages under Part V. (2)Sections 11 and 12 and, so far as they have application in relation to those sections, sections 18 and 19 apply in relation to: (a)marriages to which Division 3 of Part IV applies; and (b)the marriage of a person domiciled in Australia, wherever that marriage takes place. 11 Marriageable age Subject to section 12, a person is of marriageable age if the person has attained the age of 18 years. 12 Authorisation of marriage of person under age of 18 years in exceptional circumstances (1)A person who has attained the age of 16 years but has not attained the age of 18 years may apply to a Judge or magistrate in a State or Territory for an order authorising him or her to marry a particular person of marriageable age despite the fact that the applicant has not attained the age of 18 years. (2)The Judge or magistrate shall, subject to subsection (4), hold an inquiry into the relevant facts and circumstances and, if satisfied that: (a)the applicant has attained the age of 16 years; and (b)the circumstances of the case are so exceptional and unusual as to justify the making of the order; the Judge or magistrate may, in his or her discretion, make the order sought, but otherwise the Judge or magistrate shall refuse the application. (3)Subject to subsection (5), where a Judge or a magistrate has made such an order, the person on whose application the order was made is, in relation to his or her marriage to the other person specified in the order, but not otherwise, of marriageable age. (4)Where a Judge or a magistrate to whom an application is made under this section is satisfied that the matter could more properly be dealt with by a Judge or a magistrate sitting at a place nearer the place where the applicant ordinarily resides, the Judge or magistrate may, in his or her discretion, refuse to proceed with the hearing of the application, but such a refusal shall not, for the purposes of section 19, be deemed to be a refusal of the application. (5)Where an order is made under this section and the marriage to which the order relates does not take place within 3 months after the date of the order, the order ceases to have effect. 13 Marriage of minor not to be solemnised without consent of parents etc. (1)Subject to this Part, where a party to an intended marriage, not having previously been married, is a minor, the marriage shall not be solemnised unless there is produced to the person by whom the marriage is solemnised: (a)in respect of each person whose consent is required by this Act to the marriage of the minor, not being a person to whom paragraph (b) is applicable: (i)the consent in writing of that person, duly witnessed and dated not earlier than 3 months before the date on which the marriage is solemnised or, in such cases as are prescribed, such other evidence that the consent of that person to the intended marriage has been given not earlier than that time as the regulations declare to be sufficient for the purposes of this section; or (ii)an effective consent in writing of a magistrate or a Judge under this Part in place of the consent of that person; and (b)in respect of any person whose consent to the marriage of the minor has been dispensed with by a prescribed authority—the dispensation in writing signed by the prescribed authority. (2)For the purposes of subsection (1), the consent of a person is only duly witnessed if the signature of that person was witnessed: (a)if the consent is signed in Australia—by one of the following persons: (i)an authorised celebrant; (ii)a Commissioner for Declarations under the Statutory Declarations Act 1959 ; (iii)a justice of the peace; (iv)a barrister or solicitor; (v)a medical practitioner; (vi)a member of the Australian Federal Police or the police force of a State or Territory; or (b)if the consent is signed in any other place—by one of the following persons: (i)an Australian Diplomatic Officer; (ii)an Australian Consular Officer; (iii)a minister of religion of that place; (iv)a judge of a court of that place; (v)a magistrate or justice of the peace of or for that place; (vi)a notary public; (vii)an employee of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1955 ; (viii)an employee of the Australian Trade and Investment Commission authorised under paragraph 3(d) of the Consular Fees Act 1955 . (3)A person shall not subscribe his or her name as a witness to the signature of a person to a consent to a marriage unless: (a)the person is satisfied on reasonable grounds as to the identity of that person; and (b)the consent bears the date on which the person subscribes his or her name as a witness. (4)A person shall not solemnise a marriage if the person has reason to believe that: (a)a person whose consent in writing to the marriage of one of the parties is or has been produced for the purposes of this section has revoked his or her consent; (b)the signature of a person to a consent produced for the purposes of this section is forged or has been obtained by fraud; (c)a consent produced for the purposes of this section has been altered in a material particular without authority; or (d)a dispensation with the consent of a person that has been produced in relation to the marriage has ceased to have effect. 14 Persons whose consent is required to the marriage of a minor Before a minor may marry, consent is required from the persons specified in Schedule 1 to this Act in relation to the minor. 15 Prescribed authority may dispense with consent in certain cases (1)Subject to this section, a prescribed authority may, upon application in writing by a minor, dispense with the consent of a person to a proposed marriage of the minor where the prescribed authority: (a)is satisfied that it is impracticable, or that it is impracticable without delay that would, in all the circumstances of the case, be unreasonable, to ascertain the views of that person with respect to the proposed marriage; (b)has no reason to believe that that person would refuse his or her consent to the proposed marriage; and (c)has no reason to believe that facts may exist by reason of which it could reasonably be considered improper that the consent should be dispensed with. (2)An application under this section shall be supported by a statutory declaration by the applicant setting out the facts and circumstances on which the application is based and may be supported by the statutory declaration of some other person. (3)The applicant shall state in his or her statutory declaration whether he or she has made any previous applications under this section that have been refused and the date on which each such application was refused. (4)This section does not authorise a prescribed authority to dispense with the consent of a person to a marriage of a minor where any other person whose consent to the marriage is required by this Act has refused to give consent, unless a magistrate or a Judge has, in pursuance of this Part, given consent in place of the consent of that other person. (5)For the purposes of this section, the fact that a person does not reside in, or is absent from, Australia shall not of itself be deemed to make it impracticable to ascertain the views of that person. 16 Consent by magistrate where parent etc. refuses consent etc. (1)Where, in relation to a proposed marriage of a minor: (a)a person whose consent to the marriage is required by this Act refuses to consent to the marriage; or (b)an application by the minor under section 15 to dispense with the consent of a person to the marriage is refused; the minor may apply to a Judge or magistrate for the consent of a Judge or the magistrate to the marriage in place of the consent of that person. (2)The Judge or magistrate shall, subject to subsections (2A) and (3), hold an inquiry into the relevant facts and circumstances and, if satisfied: (a)in a case to which paragraph (1)(a) applies—that the person who has refused to consent to the marriage has refused consent unreasonably; or (b)in a case to which paragraph (1)(b) applies—that, having proper regard for the welfare of the minor, it would be unreasonable for the Judge or magistrate to refuse consent to the proposed marriage; may give consent to the marriage in place of the consent of the person in relation to whose consent the application is made. (2A)A Judge or magistrate shall not proceed with an inquiry in accordance with subsection (2) unless: (a)there has been produced to the Judge or magistrate a certificate signed by a family counsellor certifying that the applicant has received counselling from the family counsellor in relation to the proposed marriage; or (b)the Judge or magistrate is satisfied that counselling by a family counsellor is not reasonably available to the applicant. (3)Where a magistrate to whom an application is made under this section is satisfied that the matter could more properly be dealt with by a magistrate sitting at a place nearer the place where the applicant ordinarily resides, the magistrate may, in his or her discretion, refuse to proceed with the hearing of the application, but such a refusal shall not, for the purposes of sections 17 and 19, be deemed to be a refusal of the application. (4)Where a magistrate grants an application under subsection (1), the magistrate shall not issue consent in writing to the marriage before the expiration of the time prescribed for the purposes of section 17 and if, within that time, a request for a rehearing is made under that section, the magistrate shall not issue consent unless that request is withdrawn. (5)Where a Judge or magistrate gives consent to the marriage of a minor in place of the consent of a person who has refused to consent to the marriage, the Judge or magistrate may also, upon application by the minor, give consent in place of the consent of any other person if the Judge or magistrate is satisfied that it is impracticable, or that it is impracticable without delay that would, in all the circumstances of the case, be unreasonable, to ascertain the views of that person with respect to the proposed marriage. (6)For the purposes of subsection (5), the fact that a person does not reside in, or is absent from, Australia shall not of itself be deemed to make it impracticable to ascertain the views of that person. (7)In this section family counsellor has the same meaning as in the Family Law Act 1975 . 17 Rehearing of applications by a Judge (1)Where: (a)an application to a magistrate under subsection 16(1) or (5) is refused; or (b)an application to a magistrate under subsection 16(1) is granted; the applicant or the person in relation to whose consent the application was made, as the case requires, may, in the prescribed manner and within the prescribed time, request that the application be reheard by a Judge in the State or Territory in which it was heard, and a Judge may rehear the application accordingly. (2)The provisions of subsections 16(2), (5) and (6) apply, so far as they are applicable, in relation to the rehearing of an application made under section 16 and, for the purpose of such a rehearing, references in those provisions to the magistrate dealing with an application shall be read as references to the Judge rehearing the application. 18 Provisions applicable to inquiries by Judge or magistrate (1)In conducting an inquiry under this Part, a Judge or a magistrate: (a)is not bound by the rules of evidence; and (b)shall give to the applicant and, so far as is reasonably practicable, any person whose consent to the marriage of the applicant is required by this Act, an opportunity of being heard. (2)An inquiry by a Judge or a magistrate under this Part shall be held in private. (3)An applicant or other person who is given an opportunity of being heard at an inquiry under this Part may be represented by a barrister or solicitor. 19 Restriction on applications under sections 12, 15 and 16 (1)Where, in relation to a proposed marriage of a minor to a particular person: (a)an application under section 15 has been refused by a prescribed authority; (b)an application under section 16 has been refused by a magistrate or a Judge; or (c)an application under section 12 has been refused by a magistrate or a Judge; a further application under the same section by the same person in relation to the proposed marriage shall not be considered by any prescribed authority, magistrate or Judge within 6 months after the refusal of the application, unless the applicant satisfies the prescribed authority, magistrate or Judge to whom the further application is made that there has been a substantial change in the relevant facts or circumstances since the refusal of the former application. (2)The fact that an application is heard or dealt with in contravention of subsection (1) does not affect the validity of an order made, or the effectiveness of a consent given, upon the application or the rehearing of the application or make ineffective any dispensation with a consent granted on the application. 20 Effect of consent of magistrate or Judge Subject to section 21, where a magistrate or a Judge gives his or her consent to the marriage of a minor in place of the consent of another person, his or her consent operates, for the purposes of this Act, as the consent of that other person. 21 Consent by magistrate or Judge and dispensation with consent to be ineffective after 3 months etc. (1)A consent to a marriage given by a magistrate or a Judge in place of the consent of another person ceases to have effect if the marriage does not take place within 3 months after the date of the consent. (2)A dispensation with the consent of a person to a marriage ceases to have effect if: (a)the marriage does not take place within 3 months after the date of the dispensation; or (b)before the marriage takes place, the person whose consent has been dispensed with notifies, by writing signed by the person or in any other prescribed manner, the person to whom notice of the intended marriage has been given under this Act or, in the case of an intended marriage under Division 3 of Part V, the authorised celebrant by whom the marriage is intended to be solemnised, that the firstmentioned person does not consent to the marriage. (3)Where a consent by a magistrate or a Judge or a dispensation with the consent of a person by a prescribed authority has ceased to have effect, the provisions of this Act apply as if the consent had not been given or dispensed with, as the case may be. Part III — Void marriages Division 1—Marriages solemnised on or after 20 June 1977 and before the commencement of section 13 of the Marriage Amendment Act 1985 22 Division to be subject to application of private international law Subject to section 10, Part V, section 56 and any regulations made in accordance with paragraph 120(f), this Division has effect subject to the common law rules of private international law. 23 Grounds on which marriages are void (1)A marriage that took place on or after 20 June 1977 and before the commencement of section 13 of the Marriage Amendment Act 1985 is void where: (a)either of the parties was, at the time of the marriage, lawfully married to some other person; (b)the parties are within a prohibited relationship; (c)by reason of section 48 the marriage is not a valid marriage; (d)the consent of either of the parties was not a real consent because: (i)it was obtained by duress or fraud; (ii)that party was mistaken as to the identity of the other party or as to the nature of the ceremony performed; or (iii)that party was mentally incapable of understanding the nature and effect of the marriage ceremony; or (e)either of the parties was not of marriageable age; and not otherwise. (2)Marriages of parties within a prohibited relationship are marriages: (a)between a person and an ancestor or descendant of the person; or (b)between a brother and a sister (whether of the whole blood or the halfblood). (3)Any relationship specified in subsection (2) includes a relationship traced through, or to, a person who is or was an adopted child, and, for that purpose, the relationship between an adopted child and the adoptive parent, or each of the adoptive parents, of the child, shall be deemed to be or to have been the natural relationship of child and parent. (4)Nothing in subsection (3) makes it lawful for a person to marry a person whom the firstmentioned person could not lawfully have married if that subsection had not been enacted. (5)For the purposes of this section: (a)a person who has at any time been adopted by another person shall be deemed to remain the adopted child of that other person notwithstanding that any order by which the adoption was effected has been annulled, cancelled or discharged or that the adoption has for any other reason ceased to be effective; and (b)a person who has been adopted on more than one occasion shall be deemed to be the adopted child of each person by whom he or she has been adopted. (6)For the purposes of this section: adopted , in relation to a child, means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children. ancestor , in relation to a person, means any person from whom the firstmentioned person is descended including a parent of the firstmentioned person. Division 2—Marriages solemnised after the commencement of section 13 of the Marriage Amendment Act 1985 23A Application of Division (1)Notwithstanding subsection 42(2) of the Family Law Act 1975 , but subject to subsection (2) of this section, this Division applies in relation to: (a)all marriages solemnised in Australia; and (b)all marriages under Part V. (2)This Division does not apply in relation to marriages to which Division 3 of Part IV applies. 23B Grounds on which marriages are void (1)A marriage to which this Division applies that takes place after the commencement of section 13 of the Marriage Amendment Act 1985 is void where: (a)either of the parties is, at the time of the marriage, lawfully married to some other person; (b)the parties are within a prohibited relationship; (c)by reason of section 48 the marriage is not a valid marriage; (d)the consent of either of the parties is not a real consent because: (i)it was obtained by duress or fraud; (ii)that party is mistaken as to the identity of the other party or as to the nature of the ceremony performed; or (iii)that party did not understand the nature and effect of the marriage ceremony; or (e)either of the parties is not of marriageable age; and not otherwise. (2)Marriages of parties within a prohibited relationship are marriages: (a)between a person and an ancestor or descendant of the person; or (b)between 2 siblings (whether of the whole blood or the halfblood). (3)Any relationship specified in subsection (2) includes a relationship traced through, or to, a person who is or was an adopted child, and, for that purpose, the relationship between an adopted child and the adoptive parent, or each of the adoptive parents, of the child shall be deemed to be or to have been the natural relationship of child and parent. (4)Nothing in subsection (3) makes it lawful for a person to marry a person whom the firstmentioned person could not lawfully have married if that subsection had not been enacted. (5)For the purposes of this section: (a)a person who has at any time been adopted by another person shall be deemed to remain the adopted child of that other person notwithstanding that any order by which the adoption was effected has been annulled, cancelled or discharged or that the adoption has for any other reason ceased to be effective; and (b)a person who has been adopted on more than one occasion shall be deemed to be the adopted child of each person by whom the firstmentioned person has been adopted. (6)For the purposes of this section: adopted , in relation to a child, means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children. ancestor , in relation to a person, means any person from whom the firstmentioned person is descended including a parent of the firstmentioned person. Part IV—Solemnisation of marriages in Australia Division 1—Authorised celebrants Subdivision A—Ministers of religion 25 Interpretation (1)In this Subdivision: (a)a reference to a Registrar shall be read as a reference to a Registrar of Ministers of Religion; and (b)a reference to a register shall be read as a reference to a register kept for the purposes of this Subdivision. (2)For the purposes of this Subdivision, a person who is serving outside Australia as a member of the Defence Force and was, immediately before the person became a member of the Defence Force, ordinarily resident in a State or Territory shall be deemed, while the person is so serving, to be ordinarily resident in that State or Territory. 26 Recognised denominations The GovernorGeneral may, by Proclamation, declare a religious body or a religious organisation to be a recognised denomination for the purposes of this Act. 27 Registers of ministers of religion (1)For the purposes of this Subdivision, there shall be, for each State and Territory, a Registrar of Ministers of Religion and a Deputy Registrar of Ministers of Religion, who shall be appointed by the Minister. (2)In the event of the absence, through illness or otherwise, of the Registrar, or of a vacancy in the office of the Registrar, the Deputy Registrar has all the powers, and shall perform all the duties and functions, of the Registrar during the absence or vacancy. (3)Unless and until another person is appointed to be the Registrar of Ministers of Religion for a particular Territory, the person having, under the law of that Territory, the function of maintaining a register of all marriages solemnised in that Territory shall be the Registrar for that Territory. (4)The Registrar for a State or Territory shall keep a register, in such form as the Minister determines, of ministers of religion ordinarily resident in the State or Territory who are entitled to registration under this Subdivision. 28 Transfer of State registers (1)The GovernorGeneral may make arrangements with the Governor of a State for the transfer to the Commonwealth of any register of persons authorised to solemnise marriages in that State kept by an officer of that State immediately before the commencement of this Act. (2)A copy of each arrangement made under this section shall be published in the Gazette . (3)A register of a State transferred to the Commonwealth in pursuance of an arrangement made under this section, and a register of persons authorised to solemnise marriages kept in relation to a Territory immediately before the commencement of this Act, shall be deemed to form part of the register kept for that State or that Territory, as the case may be, for the purposes of this Subdivision. (4)A person registered in a register so transferred or kept who is, immediately after the commencement of this Act, a minister of religion of a recognised denomination shall be deemed to be so registered in pursuance of this Subdivision, and the Registrar by whom the register is kept shall remove from that register the name of any other person. 29 Qualifications for registration under this Subdivision Subject to this Subdivision, a person is entitled to registration under this Subdivision if: (a)the person is a minister of religion of a recognised denomination; and (b)the person is nominated for registration under this Subdivision by that denomination; and (c)the person is ordinarily resident in Australia; and (d)the person has attained the age of 21 years; and (e)the person is not already registered as a marriage celebrant under Subdivision C of this Division; and (f)the person is not authorised to solemnise marriages in a State or Territory under Subdivision B of this Division. 30 Registrar to register applicant (1)Subject to this Subdivision, the Registrar for a State or Territory shall, on application in writing by a person ordinarily resident in that State or Territory who is entitled to registration under this Subdivision, register that person in the register kept by that Registrar. (2)The particulars set out in an application for registration under this Subdivision shall be verified by the applicant by statutory declaration. 31 Applicant may be refused registration in certain circumstances A Registrar to whom an application for registration under this Subdivision is made may refuse to register the applicant if, in the opinion of the Registrar: (a)there are already registered under this Subdivision sufficient ministers of religion of the denomination to which the applicant belongs to meet the needs of the denomination in the locality in which the applicant resides; or (b)the applicant is not a fit and proper person to solemnise marriages; or (c)the applicant is unlikely to devote a substantial part of his or her time to the performance of functions generally performed by a minister of religion. 32 Effect of registration A minister of religion who is registered under this Subdivision in any register may solemnise marriages at any place in Australia. 33 Removal from register (1)Subject to this section, a Registrar shall remove the name of a person from the register kept by that Registrar if he or she is satisfied that: (a)that person has requested that his or her name be so removed; (b)that person has died; (c)the denomination by which that person was nominated for registration, or in respect of which that person is registered, no longer desires that that person be registered under this Subdivision or has ceased to be a recognised denomination; (d)that person: (i)has been guilty of such contraventions of this Act or the regulations as to show him or her not to be a fit and proper person to be registered under this Subdivision; (ii)has been making a business of solemnising marriages for the purpose of profit or gain; or (iii)is not a fit and proper person to solemnise marriages; or (e)that person is, for any other reason, not entitled to registration under this Subdivision. (2)A Registrar shall not remove the name of a person from a register under this section on a ground specified in paragraph (1)(d) or (e) unless: (a)the Registrar has, in accordance with the regulations, served on the person a notice in writing: (i)stating the Registrar’s intention to do so on that ground unless, not later than a date specified in the notice and being not less than 21 days from the date of service of the notice, the person satisfies the Registrar that the person’s name should not be removed from the register; and (ii)informing the person that any representations made to the Registrar before that date will be considered by the Registrar; (b)the Registrar has considered any representations made by the person before the date specified in the notice; and (c)the removal takes place within 14 days after the date specified in the notice. (3)Where notice is served on a person under subsection (2), that person shall not solemnise a marriage unless and until: (a)the person is notified by the Registrar that the Registrar has decided not to remove the person’s name from the register; (b)a period of 14 days has elapsed from the date specified in the notice under subsection (2) and the person’s name has not been removed from the register; or (c)the person’s name, having been removed from the register, is restored to the register. 34 Review of refusal to register or removal from register (1)An application may be made to the Administrative Review Tribunal for a review of a decision of a Registrar: (a)refusing to register a person who has applied for registration under this Subdivision; or (b)removing the name of a person from a register in pursuance of section 33. (3)The reference in subsection (1) to a decision of a Registrar includes a reference to a decision of a Deputy Registrar of Ministers of Religion given in pursuance of subsection 27(2). (4)Where the Tribunal sets aside a decision refusing to register a person or a decision under section 33 removing the name of a person from a register, the appropriate Registrar shall forthwith register the person, or restore the name of the person to the register, as the case requires. (5)For the purposes of the making of an application under subsection (1) and for the purposes of the operation of the Administrative Review Tribunal Act 2024 in relation to such an application, where a person has made application under subsection 30(1) for registration under this Subdivision and, at the expiration of a period of 6 months from the day on which the application was made, the person has not been registered and has not been notified by the Registrar that that person’s application has been refused, the Registrar shall be deemed to have decided, on the last day of that period, not to register that person. 35 Change of address etc. to be notified (1)Where a person registered under this Subdivision: (a)changes his or her name, address or designation; or (b)ceases to exercise, or ceases to be entitled to exercise, the functions of a minister of religion of the denomination by which he or she was nominated for registration or in respect of which he or she is registered; the person shall, within 30 days thereafter, notify the Registrar by whom the register in which the person is registered is kept of that fact in accordance with the regulations. (2)The Registrar may, upon receiving notification of a change of name, address or designation under subsection (1) or if the Registrar is otherwise satisfied that the particulars shown in the register in respect of a person are not correct, amend the register accordingly. 36 Transfer to another State etc. (1)Where a person whose name is included in the register for a particular State or Territory is ordinarily resident in another State or Territory, the Registrar by whom the register is kept shall, subject to this section, remove the name of that person from that register. (2)Where the name of a person referred to in subsection (1) is not included in the register for the State or Territory in which the person is ordinarily resident, the Registrar for that State or Territory may enter the name of that person in the register kept by that Registrar, and the name of that person shall not be removed from a register by virtue of subsection (1) unless and until it has been so entered. 37 Furnishing of information by recognised denominations The regulations may make provision for, and in relation to, the furnishing to Registrars by each recognised denomination of: (a)information as to matters affecting the right to registration under this Subdivision of persons who are so registered as ministers of religion of that denomination; and (b)an annual list of persons registered under this Subdivision as ministers of religion of that denomination who are exercising the functions of a minister of religion of that denomination. 38 Registrars to furnish information to AttorneyGeneral Each Registrar shall, if the Secretary of the Department so requests, furnish to the Secretary: (a)a list of ministers of religion registered by that Registrar under this Subdivision during the period specified in the request, showing the full name, designation, residential or postal address and religious denomination of each minister; and (b)particulars of any other alterations to the register kept by that Registrar under this Subdivision made during that period. Subdivision B—State and Territory officers etc. 39 Authorisation of State and Territory officers etc. (1)A person who, under the law of a State or Territory, has the function of registering marriages solemnised in the State or Territory or a part of the State or Territory may solemnise marriages in that State or Territory or in that part of the State or Territory, as the case may be. (2)The Minister may, by instrument in writing and subject to subsection (2A), authorise other officers of a State or Territory to solemnise marriages. (2A)The Minister must not, under subsection (2), authorise an officer of a State or Territory to solemnise marriages if the officer: (a)is registered as a marriage celebrant under Subdivision C of this Division; or (b)is a minister of religion who is registered under Subdivision A of this Division. (3)An authorisation under subsection (2): (a)may authorise a person to solemnise marriages at any place in Australia or only in the part or parts of Australia specified in the instrument of authorisation; and (b)is subject to such conditions (if any) as are specified in the instrument. (4)An authorisation under subsection (2) is not a legislative instrument. Subdivision C—Marriage celebrants 39A Registrar of Marriage Celebrants (1)There is to be a position occupied (on an acting, permanent, fulltime or parttime basis) by an APS employee in the Department, the duties of which are expressed to consist of, or include, the performance of the functions given to the Registrar of Marriage Celebrants by or under this Act. (2)The APS employee occupying the position from time to time is the Registrar of Marriage Celebrants . (3)The Registrar of Marriage Celebrants is to perform those functions and has power to do all things necessary or convenient to be done for or in connection with the performance of those functions. Delegation (4)The Registrar of Marriage Celebrants may, in writing, delegate to a Deputy Registrar of Marriage Celebrants any of the functions or powers conferred on the Registrar of Marriage Celebrants by or under this Act, other than: (a)a function or power under a provision of the Act referred to in the table in subsection (5); or (b)a function or power prescribed by regulations made for the purposes of this paragraph. Note:See sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 in relation to delegations. (5)The following table sets out the functions and powers of the Registrar of Marriage Celebrants under this Act that must not be delegated to a Deputy Registrar of Marriage Celebrants. Functions and powers under this Act that must not be delegated Item Function or power Provision 1 To determine the number and basis of positions of Deputy Registrar of Marriage Celebrants Subsection 39AA(1) 2 To determine the qualifications, and/or skills that a person must have to be registered as a marriage celebrant Paragraph 39C(1)(b) 3 To approve the form of a notice that a person wishes to be identified as a religious marriage celebrant on the register of marriage celebrants Subsection 39DB(2) 4 To require professional development activities Paragraph 39G(1)(b) 5 To take disciplinary measures against a marriage celebrant Section 39I 5A To remove the name of a person from the register of marriage celebrants Paragraph 39K(aa) 6 To establish complaints resolution procedures to resolve complaints about the solemnisation of marriages by marriage celebrants Paragraph 39K(c) 39AA Deputy Registrars of Marriage Celebrants (1)There are to be such number of positions of Deputy Registrar of Marriage Celebrants occupied (on an acting, permanent, fulltime or parttime basis) by APS employees in the Department as the Registrar of Marriage Celebrants from time to time determines. (2)A Deputy Registrar of Marriage Celebrants may perform a function, or exercise a power, that has been delegated to the Deputy Registrar by the Registrar of Marriage Celebrants under subsection 39A(4). 39B Register of marriage celebrants The Registrar of Marriage Celebrants is to maintain on the internet a register of marriage celebrants. 39C Entitlement to be registered as a marriage celebrant (1)A person is only entitled to be registered as a marriage celebrant if the person is an individual and the Registrar of Marriage Celebrants is satisfied that the person: (a)is aged 18 years or over; and (b)has all the qualifications, and/or skills, determined in writing to be necessary by the Registrar in accordance with regulations made for the purposes of this paragraph; and (c)is a fit and proper person to be a marriage celebrant; and (d)is not a minister of religion who is already registered under Subdivision A of this Division; and (e)is not authorised to solemnise marriages in a State or Territory under Subdivision B of this Division. (2)In determining whether the Registrar is satisfied that the person is a fit and proper person to be a marriage celebrant, the Registrar must take into account: (a)whether the person has sufficient knowledge of the law relating to the solemnisation of marriages by marriage celebrants; and (b)whether the person is committed to advising couples of the availability of relationship support services; and (c)whether the person is of good standing in the community; and (d)whether the person has been convicted of an offence, punishable by imprisonment for one year or longer, against a law of the Commonwealth, a State or a Territory; and (e)whether the person has an actual or potential conflict of interest between his or her practice, or proposed practice, as a marriage celebrant and his or her business interests or other interests; and (f)whether the person’s registration as a marriage celebrant would be likely to result in the person gaining a benefit in respect of another business that the person owns, controls or carries out; and (g)whether the person will fulfil the obligations under section 39G; and (h)any other matter the Registrar considers relevant to whether the person is a fit and proper person to be a marriage celebrant. (3)Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them). 39D Registration as a marriage celebrant Applying for registration (1)A person may apply, in writing, to the Registrar of Marriage Celebrants to be registered as a marriage celebrant. (1A)An application is taken to be made if, and only if: (a)the application complies with subsection (1); and (b)the applicant has either: (i)paid the registration application fee in respect of the application; or (ii)been granted an exemption from liability to pay the registration application fee. Note:The application is made on the day on which paragraphs (a) and (b) are first satisfied in relation to the application. Registration application fees (1B)The regulations may require a fee (a registration application fee ) to be paid in respect of an application. (1C)The regulations may also do all or any of the following: (a)provide for the granting of exemptions, on grounds specified in the regulations, from liability to pay a registration application fee; (b)require a fee to be paid in respect of an application for an exemption; (c)provide for internal review of decisions to refuse to grant exemptions. (1D)Regulations made for the purpose of subsection (1B) or paragraph (1C)(b) may specify a fee, or provide for a fee to be determined by the Minister by legislative instrument. (1E)Regulations made for the purpose of paragraph (1C)(c) must provide that the outcome of an internal review of a decision to refuse to grant an exemption is either: (a)that the refusal decision is confirmed; or (b)that an exemption is granted, with effect from when the internal review decision is made. Refund of registration application fee (1F)The Registrar may refund the whole or a part of a registration application fee that was paid in respect of an application by a person to be registered as a marriage celebrant if: (a)the Registrar is not satisfied that the person meets the requirement referred to in paragraph 39C(1)(b) (required qualifications or skills); or (b)the person has been granted an exemption from liability to pay the registration application fee; or (c)any other circumstances prescribed by the regulations for the purposes of this paragraph exist. (1G)The Registrar may refund the whole or a part of a registration application fee under subsection (1F): (a)on the initiative of the Registrar; or (b)on application by the person who made the application to be registered as a marriage celebrant. How Registrar deals with applications (2)The Registrar must deal with applications in the order in which they are made (see subsection (1A)). (3)In dealing with an application, the Registrar: (a)must have regard to the information in the application; and (b)may have regard to any other information in his or her possession; and (c)is not required to seek any further information. Requests for additional information (3A)The Registrar may, by written notice, request: (a)a person (an applicant ) who has made an application (see subsection (1A)); or (b)with the applicant’s consent, any other person or body who the Registrar considers may have information relevant to the application or the applicant; to give additional information to the Registrar, within a reasonable period specified in the notice, to assist the Registrar to decide whether to register the applicant as a marriage celebrant. (3B)If the Registrar gives a notice to an applicant or another person or body requesting additional information under subsection (3A), the Registrar is not required to consider the applicant’s application while the Registrar is waiting for the information to be given. (3C)If the Registrar gives a notice to an applicant requesting additional information under subsection (3A), the applicant’s application is taken to have been withdrawn at the end of the period specified in the notice if the additional information is not given to the Registrar within: (a)the specified period; or (b)if the Registrar allows a longer period by written notice given to the applicant—that longer period. Decision on application (4)The Registrar must register a person as a marriage celebrant if: (a)the person has made an application (see subsection (1A)); and (b)the Registrar is satisfied that the person is entitled to be registered as a marriage celebrant. The Registrar must not register a person as a marriage celebrant in any other circumstances. (5)The Registrar registers a person as a marriage celebrant by entering in the register of marriage celebrants all details relating to the person that are required by regulations made for the purposes of this subsection. (6)If the Registrar registers a person as a marriage celebrant, the Registrar must, as soon as practicable, give the person written notice of the registration. (7)If the Registrar decides not to register a person as a marriage celebrant after dealing with the person’s application, the Registrar must, as soon as practicable, inform the applicant in writing of: (a)the decision; and (b)the reasons for it; and (c)the person’s right under section 39J (if any) to apply for review of the decision. Subdivision D—Religious marriage celebrants 39DA Entitlement to be identified as a religious marriage celebrant on the register of marriage celebrants A person is entitled to be identified as a religious marriage celebrant on the register of marriage celebrants if: (a)the person is registered as a marriage celebrant under Subdivision C of this Division; and (b)the person is a minister of religion. 39DB Request to be identified as a religious marriage celebrant on the register of marriage celebrants (1)A person may, in writing, give the Registrar of Marriage Celebrants notice that the person wishes to be identified as a religious marriage celebrant on the register of marriage celebrants. (2)The notice must be in a form approved by the Registrar, and include all of the information required by the form. 39DC Identification as a religious marriage celebrant The Registrar of Marriage Celebrants must identify a person as a religious marriage celebrant on the register of marriage celebrants if: (a)the person has given the Registrar notice in accordance with section 39DB that the person wishes to be identified as a religious marriage celebrant on the register; and (b)the person is entitled to be identified as a religious marriage celebrant on the register. 39DD Transitional provisions for existing marriage celebrants Marriage celebrants who are ministers of religion, but not ministers of religion of a recognised denomination (1)The Registrar of Marriage Celebrants must identify a person as a religious marriage celebrant on the register of marriage celebrants if: (a)the person was registered as a marriage celebrant under Subdivision C of this Division immediately before Part 1 of Schedule 1 to the Marriage Amendment (Definition and Religious Freedoms) Act 2017 commenced; and (b)the person is a minister of religion. Marriage celebrants who wish to be religious marriage celebrants on the basis of their religious beliefs (2)The Registrar of Marriage Celebrants must identify a person as a religious marriage celebrant on the register of marriage celebrants if: (a)the person was registered as a marriage celebrant under Subdivision C of this Division immediately before Part 1 of Schedule 1 to the Marriage Amendment (Definition and Religious Freedoms) Act 2017 commenced; and (b)the person gives the Registrar notice that the person wishes to be identified as a religious marriage celebrant on the register: (i)in writing; and (ii)in a form approved by the Registrar; and (iii)within 90 days after Part 1 of Schedule 1 to the Marriage Amendment (Definition and Religious Freedoms) Act 2017 commences; and (c)the choice is based on the person’s religious beliefs. 39DE Process of identification on the register as a religious marriage celebrant (1)The Registrar identifies a person as a religious marriage celebrant on the register of marriage celebrants by annotating the register to include that detail. (2)If the Registrar identifies a person as a religious marriage celebrant on the register of marriage celebrants, the Registrar must, as soon as practicable, give the person written notice of that fact. (3)If the Registrar decides not to identify a person as a religious marriage celebrant on the register of marriage celebrants, the Registrar must, as soon as practicable, inform the person in writing of: (a)the decision; and (b)the reasons for it; and (c)the person’s right under section 39J to apply for a review of the decision. Subdivision E—General provisions relating to all marriage celebrants 39F Effect of registration A person who is registered as a marriage celebrant may solemnise marriages at any place in Australia. 39FA Celebrant registration charge: liability to pay charge (1)A person is liable to pay celebrant registration charge to the Commonwealth in respect of a financial year if: (a)the person: (i)is a marriage celebrant on 1 July in that financial year (except if paragraphs (1A)(b) and (c) apply in relation to the person on that day); or (ii)becomes a marriage celebrant later in that financial year; or (iii)is liable to pay the charge under subsection (1A); and (b)the person has not, before the end of the charge payment day, been granted an exemption from liability to pay the charge. The charge must be paid by the end of the charge payment day. Note:For the imposition and rate of the charge, see the Marriage (Celebrant Registration Charge) Act 2014 . Marriage celebrants appealing decision to be deregistered (1A)A person is liable to pay celebrant registration charge to the Commonwealth in respect of a financial year if: (a)the person is a marriage celebrant on 1 July of that financial year; and (b)before that day: (i)the Registrar decided to deregister the person as a marriage celebrant; and (ii)the person applied to the Administrative Review Tribunal for review of the decision; and (c)that application, or any later application to a court that relates to that application, has not been finally determined by that day; and (d)that or any later application is finally determined in that financial year; and (e)after the application is finally determined, the person is not deregistered. Notice of charge (2)The Registrar of Marriage Celebrants must, in respect of a financial year, send each person who is liable to pay the celebrant registration charge in respect of the financial year a written notice that: (a)specifies: (i)the amount of celebrant registration charge that is payable by the person (unless the person is granted an exemption); and (ii)the charge payment day (being a day that is at least 30 days after the day on which the notice is sent); and (b)complies with any other requirements prescribed by the regulations relating to the content of the notice, or how it is to be sent. Exemptions (3)The regulations may do all or any of the following: (a)provide for the granting of exemptions, on grounds specified in the regulations, from liability to pay celebrant registration charge in respect of a financial year; (b)require a fee to be paid in respect of an application for an exemption; (c)provide for internal review of decisions to refuse to grant exemptions. (4)Regulations made for the purpose of paragraph (3)(b) may specify a fee, or provide for a fee to be determined by the Minister by legislative instrument. (5)Regulations made for the purpose of paragraph (3)(c) must provide that the outcome of an internal review of a decision (the original decision ) is either: (a)that the original decision is confirmed; or (b)that a different decision is substituted for the original decision, with effect from the time when the original decision was made. Charge debt due to the Commonwealth (6)An amount of celebrant registration charge that a person is liable to pay: (a)is a debt due by the person to the Commonwealth; and (b)may be recovered by action in a court of competent jurisdiction. 39FB Celebrant registration charge: consequence of nonpayment (1)If a person has not, by the end of the charge payment day, paid an amount of celebrant registration charge that the person is liable to pay, the Registrar of Marriage Celebrants must, as soon as practicable after that day, send the person a written notice in accordance with subsection (2), unless the Registrar considers that the notice should not be sent at that time because: (a)the person’s liability to pay the charge may be affected by: (i)the outcome of an application for internal review of a decision to refuse to grant an exemption; or (ii)any other circumstance of which the Registrar is aware; or (b)the person’s details have been removed from the register under paragraph 39I(2)(d) or 39K(a) before the notice is sent. Note:Depending on the outcome of matters referred to in paragraph (1)(a), it may turn out that the person is not liable to pay the charge. (2)The notice referred to in subsection (1) must: (a)advise the person that, because the person has failed to pay celebrant registration charge, the person will be deregistered as a marriage celebrant on the day specified in the notice (being a day that is at least 7 days after the day on which the notice is sent); and (b)comply with any other requirements prescribed by the regulations relating to the content of the notice, or how it is to be sent. (3)The person is taken to have been deregistered by the Registrar of Marriage Celebrants at the start of the day specified in the notice. Note:A person who wishes to become a marriage celebrant again may reapply under section 39D. (4)The Registrar of Marriage Celebrants must remove the person’s details from the register of marriage celebrants. 39G Obligations of each marriage celebrant (1)A marriage celebrant must: (a)conduct himself or herself in accordance with the Code of Practice for marriage celebrants prescribed by regulations made for the purposes of this paragraph; and (b)undertake all professional development activities required by the Registrar of Marriage Celebrants in accordance with regulations made for the purposes of this paragraph; and (ba)comply with any disciplinary measures taken against the marriage celebrant under section 39I; and (c)notify the Registrar, in writing, within 30 days of: (i)a change that results in the details provided by the person to the Registrar no longer being correct; or (ii)the occurrence of an event that might have caused the Registrar not to register the person as a marriage celebrant if the event had occurred before the person was registered; and (d)disclose that the celebrant is a marriage celebrant, and whether or not the celebrant is a religious marriage celebrant, in any document relating to the performance of services as a marriage celebrant (including advertisements) by the celebrant. Note 1:If a marriage celebrant fails to comply with these obligations, the Registrar may take disciplinary measures under section 39I. Note 2:For subparagraph (1)(c)(i), a person may notify the Registrar by updating the person’s details using a portal provided by the Registrar. (2)Without limiting subsection (1), the regulations may require a fee to be paid in respect of an application for an exemption from requirements prescribed by regulations made for the purpose of paragraph (1)(b). The regulations may specify the fee, or provide for the fee to be determined by the Minister by legislative instrument. (3)The regulations may specify the details that must be notified to the Registrar for the purposes of subparagraph (1)(c)(i). 39H Performance reviews (1)The Registrar of Marriage Celebrants may, from time to time, review the performance of a marriage celebrant in respect of a period to determine whether the Registrar considers that the celebrant’s performance in the period is satisfactory. Note:The period to which a review relates is at the discretion of the Registrar. (3)In reviewing the performance of a marriage celebrant, the Registrar: (a)must consider the matters prescribed by regulations made for the purposes of this paragraph; and (b)may have regard to any information in his or her possession, but is not required to seek any further information. (4)The Registrar must not determine that a marriage celebrant’s performance in respect of a period was not satisfactory unless: (a)the Registrar has given the marriage celebrant a written notice: (i)stating the Registrar’s intention to make the determination unless, before the date specified in the notice (which must be at least 21 days after the date on which the notice was given), the marriage celebrant satisfies the Registrar that the marriage celebrant’s performance in respect of the period was satisfactory; and (ii)informing the marriage celebrant that any representations made to the Registrar before that date will be considered by the Registrar; and (b)the Registrar has considered any representations made by the marriage celebrant before the date specified in the notice; and (c)the determination is made in writing within 14 days after the date specified in the notice. 39I Disciplinary measures (1)The Registrar of Marriage Celebrants may only take disciplinary measures against a marriage celebrant if the Registrar: (a)is satisfied that the marriage celebrant is no longer entitled to be registered as a marriage celebrant; or (aa)is satisfied that the marriage celebrant is no longer entitled to be identified as a religious marriage celebrant on the register of marriage celebrants; or (b)is satisfied that the marriage celebrant has not complied with an obligation under section 39G; or (c)has determined in writing under section 39H that the marriage celebrant’s performance in respect of a period was not satisfactory; or (d)is satisfied that it is appropriate to take disciplinary measures against the marriage celebrant after considering a complaint in accordance with the complaints resolution procedures established under paragraph 39K(c); or (e)is satisfied that the marriage celebrant’s application for registration was known by the marriage celebrant to be false or misleading in a material particular; or (f)is satisfied that the marriage celebrant’s notice under section 39DB or paragraph 39DD(2)(b) (notice requesting to be identified as a religious marriage celebrant) was known by the marriage celebrant to be false or misleading in a material particular. (2)The only disciplinary measures that the Registrar may take against a marriage celebrant are to: (a)caution the marriage celebrant in writing; or (b)in accordance with regulations made for the purposes of this paragraph, require the marriage celebrant to undertake professional development activities determined in writing by the Registrar; or (c)suspend the marriage celebrant’s registration for a period (the suspension period ) of up to 6 months by annotating the register of marriage celebrants to include: (i)a statement that the registration is suspended; and (ii)the dates of the start and end of the suspension period; or (d)deregister the marriage celebrant by removing his or her details from the register of marriage celebrants; or (e)if the marriage celebrant is identified as a religious marriage celebrant on the register of marriage celebrants: (i)remove the identification of the marriage celebrant as a religious marriage celebrant from the register for a period (the suspension period ) of up to 6 months by annotating the register of marriage celebrants to include a statement that the celebrant is not identified as a religious marriage celebrant, and the dates of the start and end of the suspension period; or (ii)remove the identification of the marriage celebrant as a religious marriage celebrant permanently from the register. Note:A decision to suspend a marriage celebrant’s registration, or to deregister a marriage celebrant, is reviewable under section 39J. (3)If the Registrar suspends a marriage celebrant’s registration for a particular period, section 39F does not apply in respect of the marriage celebrant during the period. (3A)If the Registrar removes the identification of a marriage celebrant as a religious marriage celebrant for any period under paragraph (2)(e), section 47A does not apply in respect of the celebrant during that period. (4)If the Registrar decides to take disciplinary measures against a marriage celebrant (including a religious marriage celebrant), the Registrar: (a)must give the marriage celebrant written notice of: (i)the decision; and (ii)the reasons for it; and (iii)the disciplinary measure that is being taken; and (iv)if the marriage celebrant has a right under section 39J to apply for review of the decision—that right; and (b)may inform the community, in any way the Registrar thinks appropriate, including by electronic means, that the disciplinary measure is being taken against the marriage celebrant. 39J Review of decisions (1)An application may be made to the Administrative Review Tribunal for a review of a decision of the Registrar of Marriage Celebrants: (a)not to register a person as a marriage celebrant; or (b)to suspend a person’s registration as a marriage celebrant; or (c)to deregister a marriage celebrant (including under section 39FB); or (d)not to identify a person as a religious marriage celebrant on the register of marriage celebrants; or (e)to remove the identification of a person as a religious marriage celebrant from the register of marriage celebrants, either for a specified period or permanently. (2)For the purposes of both the making of an application under subsection (1) and the operation of the Administrative Review Tribunal Act 2024 in relation to such an application, if: (a)a person has made application for registration as a marriage celebrant (see subsection 39D(1A)); and (b)at the end of 6 months after the day on which the application was made, the person has not been: (i)registered; or (ii)notified by the Registrar that that person’s application has been refused; the Registrar is taken to have decided, on the last day of the 6 month period, not to register that person as a marriage celebrant. (2A)For the purposes of both the making of an application under subsection (1) and the operation of the Administrative Review Tribunal Act 2024 in relation to such an application, if: (a)a person has given notice under section 39DB or paragraph 39DD(2)(b) (notice requesting to be identified as a religious marriage celebrant); and (b)at the end of 6 months after the day on which the notice was given, the person has not been: (i)identified as a religious marriage celebrant on the register of marriage celebrants; or (ii)notified by the Registrar that the Registrar has decided not to identify the person as a religious marriage celebrant on the register of marriage celebrants; the Registrar is taken to have decided, on the last day of the 6 month period, not to identify that person as a religious marriage celebrant on the register of marriage celebrants. (3)The Registrar must take such action as is necessary to give effect to the Tribunal’s decision. 39K Additional functions of the Registrar The Registrar of Marriage Celebrants must: (a)amend the register of marriage celebrants in accordance with regulations made for the purposes of this paragraph; and (aa)remove the name of a person from the register of marriage celebrants in accordance with regulations made for the purposes of this paragraph; and (b)keep records relating to marriage celebrants, and the register of marriage celebrants, in accordance with regulations made for the purposes of this paragraph; and (c)establish complaints resolution procedures, in accordance with regulations made for the purposes of this paragraph, to resolve complaints about the solemnisation of marriages by marriage celebrants; and (d)perform any additional functions specified in regulations made for the purposes of this paragraph. 39L Registrar not liable for damages Neither the Registrar of Marriage Celebrants, nor a Deputy Registrar of Marriage Celebrants, is liable to an action or other proceeding for damages in respect of anything done, or omitted to be done, in good faith in: (a)the exercise or performance; or (b)the purported exercise or performance; of powers or functions under this Act. 39M Evidence of registration etc. A certificate, signed by the Registrar of Marriage Celebrants, stating that, at a specified time, or during a specified period: (a)a person was registered as a marriage celebrant; or (b)a person’s registration as a marriage celebrant was suspended; or (c)a person was not registered as a marriage celebrant; or (d)a person was identified as a religious marriage celebrant on the register of marriage celebrants; or (e)a person was not identified as a religious marriage celebrant on the register of marriage celebrants; is prima facie evidence of that fact. Division 2—Marriages by authorised celebrants 40 Application of Division (1)Subject to subsection (2), this Division applies to and in relation to all marriages solemnised, or intended to be solemnised, in Australia. (2)This Division does not apply to or in relation to marriages to which Division 3 of this Part applies. 41 Marriages to be solemnised by authorised celebrant A marriage shall be solemnised by an authorised celebrant who is physically present at the place where the marriage takes place and is authorised to solemnise marriages at that place. 42 Notice to be given and declaration made (1)Subject to this section, a marriage shall not be solemnised unless: (a)notice in writing of the intended marriage has been given in accordance with this section and has been received by the authorised celebrant solemnising the marriage not earlier than 18 months before the date of the marriage and not later than 1 month before the date of the marriage; (b)there has been produced to that authorised celebrant, in respect of each of the parties: (i)an official certificate, or an official extract of an entry in an official register, showing the date and place of birth of the party; or (iii)a passport issued by a government of an overseas country, showing the date and place of birth of the party; or (iv)an Australian passport, showing the date and place of birth of the party; or (v)if it is impracticable for the party to obtain a certificate or official extract referred to in subparagraph (i) and the party does not have a current passport referred to in subparagraph (iii) or (iv)—a statutory declaration made by the party or a parent of the party stating that, for reasons specified in the declaration, it is impracticable to obtain a certificate or official extract referred to in subparagraph (i) and stating, to the best of the declarant’s knowledge and belief and as accurately as the declarant has been able to ascertain, when and where the party was born; and (c)each of the parties has made and subscribed in the physical presence of that authorised celebrant a declaration, in writing, as to: (i)the party’s conjugal status; (ii)the party’s belief that there is no legal impediment to the marriage; and (iii)such other matters as are prescribed. (2)A notice under subsection (1): (a)must contain such particulars in relation to the parties as are prescribed; and (b)must be signed by each of the parties; and (c)if a party signs the notice in Australia—must be signed under the observation (whether or not by means of a facility that enables audio and visual communication between persons in different places) of one of the following, who must also be in Australia: (i)an authorised celebrant; (ii)a Commissioner for Declarations under the Statutory Declarations Act 1959 ; (iii)a justice of the peace; (iv)a barrister or solicitor; (v)a medical practitioner; (vi)a member of the Australian Federal Police or the police force of a State or Territory; and (d)if a party signs the notice outside Australia—must be signed under the observation (whether or not by means of a facility that enables audio and visual communication between persons in different places) of one of the following, who must also be outside Australia: (i)an Australian Diplomatic Officer; (ii)an Australian Consular Officer; (iii)a notary public; (iv)an employee of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1955 ; (v)an employee of the Australian Trade and Investment Commission authorised under paragraph 3(d) of the Consular Fees Act 1955 . (3)However, if the signature of a party to an intended marriage cannot conveniently be obtained at the time when it is desired to give notice under this section, a notice duly signed by the other party and otherwise complying with the provisions of this section shall, if it is signed by the firstmentioned party under the observation (whether or not by means of a facility that enables audio and visual communication between persons in different places) of an authorised celebrant in Australia before the marriage is solemnised, be deemed to have been a sufficient notice. (4)Where a party to an intended marriage is unable, after reasonable inquiry, to ascertain all of the particulars in relation to that party required to be contained in a notice under this section, the failure to include in the notice such of those particulars as the party is unable to ascertain does not make the notice ineffective for the purposes of this section if, at any time before the marriage is solemnised, that party furnishes to the authorised celebrant solemnising the marriage a statutory declaration as to that party’s inability to ascertain the particulars not included in the notice and the reason for that inability. (5)Despite a notice required by subsection (1) having been received later than 1 month before the date of the marriage, a prescribed authority may authorise an authorised celebrant to solemnise a marriage if the authority is satisfied that one or more of the circumstances prescribed in the regulations have been met. (5A)An authorised celebrant shall, as soon as practicable after receiving the notice referred to in subsection (1), give to the parties a document outlining the obligations and consequences of marriage and indicating the availability of marriage education and counselling. (6)If: (a)a notice of intention to marry has been given to an authorised celebrant under this section; and (b)either: (i)because of the death, absence or illness of the authorised celebrant, or for any other reason, it is impracticable for that person to solemnise the marriage; or (ii)the parties to the intended marriage have requested the authorised celebrant to give the notice to another authorised celebrant; the marriage may be solemnised by another authorised celebrant who has possession of the notice. (7)The declarations of the parties required by subsection (1) shall both be written on the one paper and on the same side of that paper. (8)An authorised celebrant shall not solemnise a marriage: (a)unless the authorised celebrant has satisfied himself or herself that the parties are the parties referred to in the notice given under this section in relation to the marriage; or (b)if the authorised celebrant has reason to believe that: (i)a notice given under this section; or (ii)a declaration made and subscribed under this section, or a statutory declaration made for the purposes of this section; in relation to the marriage, contains a false statement or an error or is defective. (9)An authorised celebrant: (a)may permit an error in a notice under this section to be corrected by either of the parties: (i)under the observation (whether or not by means of a facility that enables audio and visual communication between persons in different places) of the authorised celebrant, if the authorised celebrant is in Australia; and (ii)at any time before the marriage to which it relates has been solemnised; and (b)may treat the corrected notice as having been originally given in its corrected form. (10)Where the declaration made by a party under subsection (1) states that that party is a divorced person or that that party’s last spouse has died, an authorised celebrant shall not solemnise the marriage unless there is produced to him or her evidence of that party’s divorce, or of the death of that party’s spouse, as the case requires. 42A Commissioner of Australian Federal Police or approved authority may issue special notice (1)If the Commissioner of the Australian Federal Police or a person who is an approved authority for the purposes of the Witness Protection Act 1994 gives to a Registrar a certificate under section 14 of that Act stating that the person has received the evidence referred to in paragraphs (b) and (c) of that section and the statutory declaration referred to in paragraph (d) of that section, the Registrar: (a)if he or she is to solemnise the marriage himself or herself—is to treat the certificate as satisfying the requirements of section 42; or (b)in any other case—is to give to the celebrant a notice stating that the celebrant should treat the requirements of section 42 of this Act as having been met. (2)The names specified in the certificate are to be used in the marriage certificate. 42B Authorised celebrant must physically meet each party to intended marriage separately An authorised celebrant must not solemnise a marriage unless the authorised celebrant has met separately with each party before the intended marriage. The authorised celebrant and the party must be physically present at the meeting. 43 Marriage may be solemnised on any day etc. A marriage may be solemnised on any day, at any time and at any place. 44 Witnesses A marriage shall not be solemnised unless at least 2 persons who are, or appear to the person solemnising the marriage to be, over the age of 18 years are present as witnesses. 45 Form of ceremony (1)Where a marriage is solemnised by an authorised celebrant, being a minister of religion, it may be solemnised according to any form and ceremony recognised as sufficient for the purpose by the religious body or organisation of which he or she is a minister. (2)Where a marriage is solemnised by an authorised celebrant, not being a minister of religion, it is sufficient if each of the parties says to the other, in the presence of the authorised celebrant and the witnesses, the words: “I call upon the persons here present to witness that I, A.B. ( or C.D.), take thee, C.D. ( or A.B.), to be my lawful wedded wife ( or husband, or spouse)”; or words to that effect. (3)Where a marriage has been solemnised by an authorised celebrant, a certificate of the marriage prepared and signed in accordance with section 50 is conclusive evidence that the marriage was solemnised in accordance with this section. (4)Nothing in subsection (3) makes a certificate conclusive: (a)where the fact that the marriage ceremony took place is in issue—as to that fact; or (b)where the identity of a party to the marriage is in issue—as to the identity of that party. 46 Certain authorised celebrants to explain nature of marriage relationship (1)Subject to subsection (2), before a marriage is solemnised by an authorised celebrant, not being a minister of religion of a recognised denomination, the authorised celebrant shall say to the parties, in the presence of the witnesses, the words: “I am duly authorised by law to solemnise marriages according to law. “Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter. “Marriage, according to law in Australia, is the union of 2 people to the exclusion of all others, voluntarily entered into for life.”; or words to that effect. (2)Where, in the case of a person authorised under subsection 39(2) to solemnise marriages, the Minister is satisfied that the form of ceremony to be used by that person sufficiently states the nature and obligations of marriage, the Minister may, either by the instrument by which that person is so authorised or by a subsequent instrument, exempt that person from compliance with subsection (1) of this section. 47 Ministers of religion may refuse to solemnise marriages Refusing to solemnise a marriage despite this Part (1)A minister of religion may refuse to solemnise a marriage despite anything in this Part. (2)In particular, nothing in this Part prevents a minister of religion from: (a)making it a condition of solemnising a marriage that: (i)notice of the intended marriage is given to the minister earlier than this Act requires; or (ii)additional requirements to those provided by this Act are complied with; and (b)refusing to solemnise the marriage if the condition is not observed. Refusing to solemnise a marriage on the basis of religious beliefs etc. (3)A minister of religion may refuse to solemnise a marriage despite anything in this Part, if any of the following applies: (a)the refusal conforms to the doctrines, tenets or beliefs of the religion of the minister’s religious body or religious organisation; (b)the refusal is necessary to avoid injury to the religious susceptibilities of adherents of that religion; (c)the minister’s religious beliefs do not allow the minister to solemnise the marriage. Grounds for refusal not limited by this section (4)This section does not limit the grounds on which a minister of religion may refuse to solemnise a marriage. 47A Religious marriage celebrants may refuse to solemnise marriages (1)A religious marriage celebrant may refuse to solemnise a marriage despite anything in this Part, if the celebrant’s religious beliefs do not allow the celebrant to solemnise the marriage. Grounds for refusal not limited by this section (2)This section does not limit the grounds on which a religious marriage celebrant may refuse to solemnise a marriage. 47B Bodies established for religious purposes may refuse to make facilities available or provide goods or services (1)A body established for religious purposes may refuse to make a facility available, or to provide goods or services, for the purposes of the solemnisation of a marriage, or for purposes reasonably incidental to the solemnisation of a marriage, if the refusal: (a)conforms to the doctrines, tenets or beliefs of the religion of the body; or (b)is necessary to avoid injury to the religious susceptibilities of adherents of that religion. (2)Subsection (1) applies to facilities made available, and goods and services provided, whether for payment or not. (3)This section does not limit the grounds on which a body established for religious purposes may refuse to make a facility available, or to provide goods or services, for the purposes of the solemnisation of a marriage, or for purposes reasonably incidental to the solemnisation of a marriage. (4)To avoid doubt, a reference to a body established for religious purposes has the same meaning in this section as it has in section 37 of the Sex Discrimination Act 1984 . (5)For the purposes of subsection (1), a purpose is reasonably incidental to the solemnisation of marriage if it is intrinsic to, or directly associated with, the solemnisation of the marriage. 48 Certain marriages not solemnised in accordance with this Division to be invalid (1)Subject to this section, a marriage solemnised otherwise than in accordance with the preceding provisions of this Division is not a valid marriage. (2)A marriage is not invalid by reason of all or any of the following: (a)failure to give the notice required by section 42, or a false statement, defect or error in such a notice; (b)failure of the parties, or either of them, to make or subscribe a declaration as required by section 42, or a false statement, defect or error in such a declaration; (c)failure to produce to the authorised celebrant a certificate or extract of an entry or a statutory declaration as required by section 42, or a false statement, defect or error in such a statutory declaration; (d)failure to comply with any other requirement of section 42, or any contravention of that section; (e)failure to comply with the requirements of section 44 or 46; (f)failure to comply with the requirements of section 13. (3)A marriage is not invalid by reason that the person solemnising it was not authorised by this Act to do so, if either party to the marriage, at the time the marriage was solemnised, believed that that person was lawfully authorised to solemnise it, and in such a case the form and ceremony of the marriage shall be deemed to have been sufficient if they were such as to show an intention on the part of each of the parties to become thereby the lawfully wedded spouse of the other. 49 Authorised celebrant to retain consents, statutory declarations etc. An authorised celebrant to whom a consent, dispensation with consent or statutory declaration is produced under this Act shall retain it in his or her possession until he or she deals with it in accordance with section 50. 50 Marriage certificates (1)Where an authorised celebrant solemnises a marriage, the authorised celebrant shall: (a)prepare a certificate of the marriage, in accordance with the prescribed form, for the purpose of issue to the parties to the marriage; and (b)prepare 2 official certificates of the marriage. (1A)Notwithstanding paragraph (1)(b), the regulations may provide that the person for the time being holding or acting in a specified office of a specified State or Territory shall prepare only 1 official certificate under that paragraph. (2)Immediately after the solemnisation of the marriage, the authorised celebrant, each of the parties to the marriage and 2 witnesses of the marriage who are, or appear to the authorised celebrant to be, over the age of 18 years shall sign each of the certificates so prepared. (3)One of the official certificates or the official certificate, as the case may be, shall be on the reverse side of the paper bearing the declarations made by the parties under section 42. (4)The authorised celebrant shall hand the certificate referred to in paragraph (1)(a) to one of the parties to the marriage on behalf of the parties, and: (a)where 2 official certificates have been prepared: (i)within 14 days after the solemnisation of the marriage, forward the official certificate to which subsection (3) applies, together with the notice under section 42, the order (if any) under section 12 and any statutory declarations, consents and dispensations with consents relating to the marriage that are in his or her possession, to the appropriate registering authority of a State or Territory ascertained in accordance with the regulations; and (ii)retain the other official certificate and deal with it in accordance with the regulations; or (b)where only 1 official certificate has been prepared—retain that certificate and deal with it in accordance with the regulations. (5)Where the authorised celebrant dies without having prepared and signed the certificates of the marriage, or where by reason of other special circumstances the Minister thinks it necessary to do so, the Minister may, if satisfied that the marriage was duly solemnised, prepare and sign the certificates with such modifications as are appropriate. (6)A certificate prepared and signed by the Minister under subsection (5) has the same force and effect as if it had been prepared and signed, in accordance with this section, by the authorised celebrant. (7)The regulations may make provision for and in relation to the furnishing of a substitute certificate in the event of the loss or destruction of a certificate of a marriage previously forwarded in pursuance of this section. 51 Incorrect marriage certificates (1)Where an authorised officer is satisfied, by statutory declaration or otherwise, that any particular in a certificate of marriage prepared and signed under section 50 is incorrect, the authorised officer may: (a)in the case of a certificate that has been handed to a party to the marriage or retained by the authorised celebrant—correct the certificate; and (b)in the case of a certificate that has been forwarded to a registering authority—certify to that authority that a specified correction is necessary. (2)For the purposes of exercising his or her powers under paragraph (1)(a) in relation to a certificate, an authorised officer may, by notice in writing served on a party to the marriage, or the authorised celebrant, as the case requires, require the party or the authorised celebrant to produce or forward the certificate to the authorised officer within a period (not being less than 7 days from the date of service of the notice) specified in the notice. (2A)Where a marriage has been solemnised, or purports to have been solemnised, under this Part, and the marriage is void, an authorised officer may, by notice in writing served on a party to the marriage, require the party to deliver or forward to the authorised officer, within a period (not being less than 7 days from the date of service of the notice) specified in the notice, the certificate required, by subsection 50(4), to be handed to a party to the marriage. (3)A notice referred to in subsection (2) or (2A) may be served by post. (4)In this section, authorised officer means a person authorised by the Minister to perform the functions of an authorised officer under this section. Division 3—Marriages by foreign diplomatic or consular officers 52 Interpretation In this Division, unless the contrary intention appears: diplomatic or consular officer , in relation to an overseas country, means a person recognised by the Government of the Commonwealth as a diplomatic or consular representative of that overseas country in Australia. proclaimed overseas country means an overseas country in respect of which a Proclamation under section 54 is in force. the Registrar means the Registrar of Foreign Marriages. 53 Application of Division This Division applies to marriages, in accordance with the law or custom of a proclaimed overseas country, between parties of whom one at least possesses the nationality of that country. 54 GovernorGeneral may declare countries to be proclaimed overseas countries The GovernorGeneral may declare by Proclamation that a country is a proclaimed overseas country for the purposes of this Division if he or she is satisfied that the country’s law or custom authorises the solemnisation, by or in the presence of either or both diplomatic or consular officers of that country, of marriages outside that country. 55 Solemnisation of marriages in Australia by foreign diplomatic or consular officer Nothing in this Act prevents the solemnisation in Australia of a marriage to which this Division applies by or in the presence of a diplomatic or consular officer of a proclaimed overseas country if: (a)neither of the parties is an Australian citizen; and (b)the marriage, were it a marriage to and in relation to which Division 2 of this Part applied, would not be void by reason of a circumstance set out in paragraph 23B(1)(a), (b) or (e). 56 Recognition of marriages (1)Subject to subsection (2), a marriage solemnised in Australia by or in the presence of a diplomatic or consular officer of a proclaimed overseas country, being a marriage to which section 55 was applicable, shall be recognised as valid in Australia if: (a)the marriage is recognised as a valid marriage by the law or custom of the overseas country; and (b)the marriage has been registered under this Division. (2)Subsection (1) does not apply in relation to a marriage where, if the marriage were a marriage to and in relation to which Division 2 of this Part applied, the marriage would be void by reason of a circumstance set out in paragraph 23B(1)(d). 57 Registrar and Deputy Registrar of Foreign Marriages (1)For the purposes of this Division, there shall be a Registrar of Foreign Marriages, who shall be appointed by the Minister. (2)The Registrar shall have a seal, which shall be in such form as the Minister determines. (3)The Minister may appoint a person to be Deputy Registrar of Foreign Marriages and, in the event of the absence, through illness or otherwise, of the Registrar, or of a vacancy in the office of Registrar, the Deputy Registrar has all the powers, and shall perform all the duties and functions, of the Registrar during the absence or vacancy. (4)The Deputy Registrar appointed under this section may, during any such absence, or vacancy in the office, of the Registrar, certify copies of entries, or extracts of entries, in the Register of Foreign Marriages Solemnised in Australia under his or her signature and the seal of the Registrar, and a copy or extract so certified has the same force and effect as if it had been certified by the Registrar under his or her signature and seal. 58 Register of Foreign Marriages Solemnised in Australia (1)The Registrar shall keep a register, to be called the Register of Foreign Marriages Solemnised in Australia, in such form as the Minister directs. (2)The Registrar shall register in the Register every marriage notified to the Registrar that he or she is satisfied: (a)is a marriage to which section 55 was applicable; and (b)has been solemnised in Australia by or in the presence of a diplomatic or consular officer of a proclaimed overseas country who was competent to solemnise the marriage. (3)The Registrar shall keep an index of the entries in the Register. 59 Searches and certified copies (1)Subject to payment of the prescribed fee, a person may, upon satisfying the Registrar that the person has good reason for so doing, cause a search to be made for an entry in the Register of Foreign Marriages Solemnised in Australia and receive a copy of the entry, or an extract of the entry, certified by the Registrar under his or her signature and seal to be a copy of the entry or an extract of the entry, as the case may be. (2)A copy of an entry in the Register certified in accordance with subsection (1) is, for all purposes, evidence of the marriage recorded in the entry. Part V — Marriages of members of the Defence Force overseas Division 1—Registrar of Overseas Marriages 60 Definitions In this Part: Registrar means the Registrar of Overseas Marriages appointed under section 61. 61 Registrar of Overseas Marriages (1)There is to be a Registrar of Overseas Marriages. (2)The Registrar is to be appointed, by written instrument, by the Minister. (3)The Registrar must have a seal, which is to be in the form the Minister determines. 62 Acting appointments The Minister may, by written instrument, appoint a person to act as the Registrar: (a)during a vacancy in the office of the Registrar (whether or not an appointment has previously been made to the office); or (b)during any period, or during all periods, when the Registrar: (i)is absent from duty or from Australia; or (ii)is, for any reason, unable to perform the duties of the office. Note:For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 . 63 Register of Overseas Marriages (1)The Registrar must keep a register, to be called the Register of Overseas Marriages, in the form the Minister directs. (2)The Register of Overseas Marriages that was kept under section 8 of the Marriage (Overseas) Act 1955 is taken to form part of the Register kept under this section. (3)The Registrar must register in the Register all marriages required to be registered by this Part. (4)The Registrar may register in the Register: (a)a marriage solemnized under the Marriage (Overseas) Act 1955 that has not been registered under that Act; or (b)a marriage (except a marriage that has been registered under the Marriage (Overseas) Act 1955 ) that was solemnized before the commencement of this Act and in respect of which a certificate has been forwarded: (i)under section 25 of the Marriage (Overseas) Act 1955 ; or (ii)under section 84 of this Act. (5)The Registrar must keep an index of the entries in the Register. Note:For errors or misstatements in the Register, see section 114. 64 Searches and certified copies (1)A person may search the register if: (a)the person satisfies the Registrar that the person has a good reason for searching the register; and (b)the person has paid any fee prescribed by the regulations for the purposes of this paragraph. (2)After searching the register for an entry, the person may be given: (a)a certified copy of the entry or extract of the entry; or (b)if the Registrar finds that there is no such entry in the register—a certificate stating that fact. (3)A certified copy mentioned in paragraph (2)(a) or a certificate mentioned in paragraph (2)(b): (a)must be certified by the Registrar by signed writing and under seal; and (b)is prima facie evidence of the facts stated in the copy or certificate. Division 3—Marriages of members of the Defence Force overseas 71 Marriages of members of the Defence Force overseas (1)Subject to this Part, a marriage between parties of whom one at least is a member of the Defence Force may be solemnised in an overseas country by an authorised celebrant who is physically present at the place where the marriage takes place and is authorised to solemnise marriages at that place. (2)The GovernorGeneral may, by Proclamation, declare that a part of the Sovereign’s dominions that has been occupied by a state at war with the Commonwealth and in which facilities for marriage in accordance with the local law have not, in the opinion of the GovernorGeneral, been adequately restored shall be deemed to be an overseas country for the purposes of this section. 71A Marriage officers The Chief of the Defence Force may, by instrument in writing, authorise an officer (within the meaning of the Defence Act 1903 ), other than a chaplain, to solemnise marriages under this Division. 72 Form and ceremony of marriage (1)A marriage under this Division shall be solemnised: (a)at such place as the authorised celebrant thinks fit, in the physical presence of at least 2 witnesses who are, or appear to the authorised celebrant to be, over the age of 18; and (b)according to such form and ceremony as the authorised celebrant thinks proper. (2)Unless, having regard to the form and ceremony of the marriage, the authorised celebrant considers it unnecessary for the parties to the marriage to do so, each of the parties shall, in some part of the ceremony and in the physical presence of the authorised celebrant and the witnesses, say to each other the words: “I call upon the persons here present to witness that I, A.B. ( or C.D.), take thee, C.D. ( or A.B.), to be my lawful wedded wife ( or husband, or spouse)”; or words to that effect. Division 4—General 73 Validity of marriages A marriage solemnised under this Part, being a marriage which, if it had been solemnised in Australia in accordance with Division 2 of Part IV would have been a valid marriage, is valid throughout Australia and the external Territories. 74 Declaration to be made before authorised celebrant (1)A marriage shall not be solemnised under this Part unless each of the parties to the marriage has made and subscribed before the authorised celebrant solemnising the marriage a declaration as to: (a)the party’s conjugal status; (b)the party’s belief that there is no legal impediment to the marriage; and (c)such other matters as are prescribed. (2)The declarations of the parties required by subsection (1) shall both be written on the one paper and on the same side of that paper. (3)An authorised celebrant shall not solemnise a marriage under this Part if he or she has reason to believe that a declaration made and subscribed under this section in relation to the marriage contains a false statement or an error or is defective. 75 Authorised celebrant to be satisfied of parties’ identity An authorised celebrant shall not solemnise a marriage under this Part unless the authorised celebrant has satisfied himself or herself as to the identity of the parties. 76 Additional consent to marriage of minor domiciled outside Australia (1)Where: (a)a party to an intended marriage under this Part, not being an Australian citizen, has not attained the age of 18 years and is domiciled in a place outside Australia; and (b)the law of that place requires the consent of a person, other than a person whose consent is required under Part II, to the marriage of that party; the marriage shall not be solemnised unless the authorised celebrant is satisfied that consent to the marriage has been given by that person. (2)The requirement of subsection (1) is in addition to the requirements of Part II with respect to consents to the marriages of minors. 77 Restriction on solemnisation of marriages under this Part (1)A marriage shall not be solemnised in an overseas country under this Part unless the authorised celebrant is satisfied: (a)that each of the parties to the intended marriage is an Australian citizen or a member of the Defence Force; (b)where 1 party to the intended marriage is not an Australian citizen or a member of the Defence Force: (i)that that party is not a subject or citizen of the overseas country; or (ii)that sufficient facilities do not exist for the solemnisation of the marriage in the overseas country in accordance with the law of that country; (c)where 1 party to the intended marriage is a subject or citizen of the overseas country, that objection will not be taken by the authorities of that country to the solemnisation of the intended marriage under this Part; or (d)that a marriage in the overseas country between the parties in accordance with the law of that country would not be recognised throughout Australia. (2)In this section, overseas country includes a country that is deemed to be an overseas country for the purposes of section 71. 78 Solemnisation of marriages where a party to the marriage is not an Australian citizen etc. (1)Subject to subsection (2), a marriage shall not be solemnised under this Part if 1 party to the intended marriage (in this section called the nonAustralian ) is not an Australian citizen or a member of the Defence Force. (2)Subsection (1) does not apply where the authorised celebrant is satisfied: (a)that the marriage will be recognised by the law of the country to which the nonAustralian belongs; (b)that some other marriage ceremony, in addition to the ceremony under this Part, has taken place, or is about to take place, between the parties and that the other ceremony is, or, when it has taken place, will be, recognised by the law of the country to which the nonAustralian belongs; or (c)that the Minister has approved of the solemnisation of the marriage under this Part. 79 Authorised celebrant to retain consents etc. An authorised celebrant to whom a consent, dispensation with consent or statutory declaration is produced under this Act shall retain it in the possession of the authorised celebrant until he or she deals with it in accordance with section 80. 80 Marriage certificate and registration of marriages (1)Where an authorised celebrant solemnises a marriage under this Part, the authorised celebrant shall: (a)prepare a certificate of the marriage, in accordance with the prescribed form, for the purpose of issue to the parties to the marriage; and (b)prepare 2 official certificates of the marriage. (2)Immediately after the solemnisation of the marriage: (a)the authorised celebrant; and (b)each of the parties to the marriage; and (c)2 witnesses of the marriage who are, or appear to the authorised celebrant to be, over the age of 18 years; shall sign each of the certificates so prepared. (3)One of the official certificates shall be on the reverse side of the paper bearing the declarations made by the parties under section 74. (4)The authorised celebrant shall: (a)hand the certificate referred to in paragraph (1)(a) to one of the parties to the marriage on behalf of the parties; (b)forward the official certificate referred to in subsection (3), together with any statutory declarations, consents or dispensations with consents relating to the marriage that are in his or her possession, to the Registrar; and (c)retain the other copy of the certificate in his or her possession for the prescribed period and, upon the expiration of that period, deal with the copy in accordance with the regulations. (5)Where the authorised celebrant dies without having prepared and signed the certificates of the marriage, or where by reason of other special circumstances the Minister thinks it necessary to do so, the Minister may, if satisfied that the marriage was duly solemnised, prepare and sign the certificates with such modifications as are appropriate. (6)A certificate prepared and signed by the Minister under subsection (5) has the same force and effect as if it had been prepared and signed, in accordance with this section, by the authorised celebrant. (7)Upon the receipt by the Registrar of the official certificate required to be forwarded to the Registrar in respect of a marriage, the Registrar shall register the marriage. (8)In the month of January in each year, an authorised celebrant by whom a marriage has been, or marriages have been, solemnised in the preceding year shall forward to the Registrar written notice of the marriage, or of each of the marriages, stating the following: (a)the date and place of the marriage; (b)the full name of each party to the marriage; (c)such other particulars as are prescribed. (9)If the certificate of a marriage is not received by the Registrar, the authorised celebrant by whom it was issued shall, at the request of the Registrar: (a)prepare a copy of the certificate; (b)certify, by writing signed by the authorised celebrant, that the copy is a true copy of the certificate; and (c)forward the copy to the Registrar. (10)A certified copy of a certificate prepared by an authorised celebrant under subsection (9) has, for all purposes, the same force and effect as the certificate of which it is a copy. 81 Power to refuse to solemnise marriage (1)An authorised celebrant (including a chaplain) may refuse to solemnise a marriage under this Part on any grounds which appear to the authorised celebrant to be sufficient and, in particular, on the ground that, in the opinion of the authorised celebrant, the solemnisation of the marriage would be inconsistent with international law or the comity of nations. Refusing to solemnise a marriage on the basis of religious beliefs etc. (2)A chaplain may refuse to solemnise a marriage despite anything in this Part, if any of the following applies: (a)the refusal conforms to the doctrines, tenets or beliefs of the religion of the chaplain’s religious body or religious organisation; (b)the refusal is necessary to avoid injury to the religious susceptibilities of adherents of that religion; (c)the chaplain’s religious beliefs do not allow the chaplain to solemnise the marriage. Grounds for refusal not limited by this section (3)This section does not limit the grounds on which an authorised celebrant (including a chaplain) may refuse to solemnise a marriage. 82 Marriages may be solemnised on any day and at any time A marriage under this Part may be solemnised on any day and at any time. 83 Validity of marriages under this Part (1)A marriage under this Part is not invalid by reason of all or any of the following: (d)failure of the parties, or either of them, to make or subscribe a declaration required by section 74, or a false statement, defect or error in such a declaration; (e)the fact that the marriage was solemnised in contravention of any provision of section 72, 74, 75, 76, 77 or 78; (f)failure to comply with the requirements of section 13. (2)A marriage under this Part is not invalid by reason that the person solemnising it was not an authorised celebrant if either party to the marriage, at the time the marriage was solemnised, believed that that person was lawfully authorised to solemnise it, and in such a case the form and ceremony of the marriage shall be deemed to have been sufficient if they were such as to show an intention on the part of each of the parties to become thereby the lawfully wedded spouse of the other. 84 Registration of overseas marriages attended by an authorised celebrant (1)Where: (a)an authorised celebrant has attended a marriage in an overseas country between parties of whom at least one was an Australian citizen or a member of the Defence Force; and (b)the authorised celebrant is satisfied that the marriage has taken place in accordance with the law of that country; and (c)a party to the marriage informs the authorised celebrant, in writing, that he or she desires the marriage to be registered under this section; the authorised celebrant shall forward to the Registrar a certificate in respect of the marriage. (2)Upon receipt by the Registrar of a certificate under subsection (1) in respect of a marriage, the Registrar shall, subject to the regulations, register the marriage. 85 Certificates of marriages solemnised in accordance with local law in an overseas country (1)Where: (a)a marriage takes place in a prescribed overseas country in accordance with the law of that country between parties of whom one at least is an Australian citizen or a member of the Defence Force; (b)a party to the marriage who is an Australian citizen or a member of the Defence Force produces to an authorised celebrant in the country in which the marriage was solemnised: (i)a copy of the entry in respect of the marriage in the marriage register of that country certified by the appropriate authority in that country to be a true copy of that entry; and (ii)if the copy of that entry is not in the English language—a translation into the English language of that copy; and (c)the authorised celebrant is satisfied that the copy of the entry in the marriage register is a true copy and that the translation, if any, is a true translation; the authorised celebrant shall certify, upon the copy, that he or she is satisfied that the copy is a true copy of the entry in the marriage register and, upon the translation, that he or she is satisfied that the translation is a true translation of the copy and shall transmit the copy and the translation to the Registrar. (2)The Registrar shall, upon payment of the prescribed fee, issue to a person who so desires a copy of any document received by the Registrar under subsection (1) certified by the Registrar, under his or her signature and seal, to be a true copy of that document. (3)A document relating to a marriage in an overseas country transmitted in pursuance of section 26 of the Marriage (Overseas) Act 1955 and received by the Registrar of Overseas Marriages appointed under that Act shall, for the purposes of this section, be deemed to have been, in pursuance of this section, transmitted to, and received by, the Registrar of Overseas Marriages appointed, or deemed to have been appointed, under this Act. (4)A document relating to a marriage in an overseas country issued under subsection (2) is admissible in evidence in any proceedings as if it were a certificate duly issued by the authorities of that country. 86 Evidence A notice, certificate or other document kept in pursuance of this Part by any person, or in the records of the office of any person, is admissible in evidence on its mere production from the custody of that person or from the custody of an officer of the Department. 87 Validity of marriages otherwise than under this Part not affected Nothing in this Part in any way affects the validity of a marriage solemnised in an overseas country otherwise than under this Part. 88 Imperial Foreign Marriage Acts This Act shall not be taken to repeal or amend the Imperial Acts known as the Foreign Marriage Acts, 1892 and 1934, in so far as those Acts are part of the law of the Commonwealth. Part VA — Recognition of foreign marriages 88A Object of Part The object of this Part is to give effect to Chapter II of the Convention on Celebration and Recognition of the Validity of Marriages signed at The Hague on 14 March 1978. 88B Interpretation (1)In this Part, unless the contrary intention appears: Australia includes the external Territories. local law , in relation to a marriage solemnised in a foreign country, means the law in force in the foreign country or in that part of the foreign country in which the marriage was solemnised. (2)A marriage shall be taken, for the purposes of this Part, to have been solemnised in a foreign country by or in the presence of a diplomatic or consular officer of another foreign country if the marriage was solemnised in the firstmentioned foreign country by or in the presence of a person who was recognised by the government of that country as a diplomatic or consular representative of the other foreign country. (3)In this Part, a reference to a marriage includes a reference to a purported marriage that is void or voidable but does not include a reference to a marriage solemnised under Part V. 88C Application of Part (1)This Part applies to and in relation to every marriage solemnised, whether before or after the commencement of this Part, in a foreign country where: (a)under the local law, the marriage was, at the time when it was solemnised, recognised as valid; or (b)if the marriage was solemnised by or in the presence of a diplomatic or consular officer of another foreign country: (i)under the law of that other foreign country, the marriage was, at the time when it was solemnised, recognised as valid; and (ii)at the time when it was solemnised, the solemnisation of the marriage was not prohibited by the local law. (2)Where a marriage (not being a marriage referred to in subsection (1)) that was solemnised, whether before or after the commencement of this Part, in a foreign country: (a)is, at any time in relation to which the validity of the marriage falls to be determined, recognised as valid under the local law; or (b)if the marriage was solemnised by or in the presence of a diplomatic or consular officer of another foreign country and, at the time when it was solemnised, the solemnisation of the marriage was not prohibited by the local law—is, at any time in relation to which the validity of the marriage falls to be determined, recognised as valid under the law of that other foreign country; this Part applies to and in relation to the marriage from and including that time. 88D Validity of marriages (1)Subject to this section, a marriage to which this Part applies shall be recognised in Australia as valid. (2)A marriage to which this Part applies shall not be recognised as valid in accordance with subsection (1) if: (a)either of the parties was, at the time of the marriage, a party to a marriage with some other person and the lastmentioned marriage was, at that time, recognised in Australia as valid; (b)where one of the parties was, at the time of the marriage, domiciled in Australia—either of the parties was not of marriageable age within the meaning of Part II; (c)the parties are within a prohibited relationship within the meaning of section 23B; or (d)the consent of either of the parties was not a real consent for a reason set out in subparagraph 23B(1)(d)(i), (ii) or (iii). (3)Where neither of the parties to a marriage to which this Part applies was, at the time of the marriage, domiciled in Australia, the marriage shall not be recognised as valid in accordance with subsection (1) at any time while either party is under the age of 16 years. (4)A marriage solemnised in a foreign country, being a marriage to which this Part applies, shall not be recognised as valid in accordance with subsection (1) at any time while the marriage is voidable: (a)except in a case to which paragraph (b) applies—under the local law; or (b)if the marriage was solemnised in a foreign country by or in the presence of a diplomatic or consular officer of another foreign country—under the law of that other foreign country. (5)Notwithstanding any other provision of this Part, where: (a)a marriage (in this subsection referred to as the initial marriage ) has, whether before or after the commencement of this Part, been solemnised in a foreign country; (b)at the time of the solemnisation of the initial marriage, that marriage was not recognised in Australia as valid; (c)after the solemnisation of the initial marriage, and whether before or after the commencement of this Part, either party to that marriage entered into another marriage (in this subsection referred to as the subsequent marriage ); and (d)at the time when the subsequent marriage was solemnised: (i)the subsequent marriage was recognised in Australia as valid; and (ii)the initial marriage was not recognised in Australia as valid; the initial marriage shall not be recognised at any time in Australia as valid. 88E Validity of certain marriages not affected by this Part (1)Subject to subsection (2), a marriage solemnised in a foreign country that would be recognised as valid under the common law rules of private international law but is not required by the provisions of this Part apart from this subsection to be recognised as valid shall be recognised in Australia as valid, and the operation of this subsection shall not be limited by any implication arising from any other provision of this Part. (2)Notwithstanding subsection (1), a marriage of a person domiciled in Australia, being a marriage solemnised in a foreign country, shall not be recognised in Australia as valid if, at the time of the marriage, either party to the marriage was not of marriageable age within the meaning of Part II. (3)Where a marriage solemnised in a foreign country is not required by virtue of this Part to be recognised in Australia as valid, this Part shall not be taken to limit or exclude the operation of a provision of any other law of the Commonwealth, or of a law of a State or Territory, that provides, expressly or impliedly, for such a marriage to be recognised as a valid marriage for the purposes of the law in which the provision is included. (4)This Part shall not be taken to limit or exclude the operation of a provision of any other law of the Commonwealth, or of a law of a State or Territory, that deems a union in the nature of a marriage to be a marriage for the purposes of the law in which the provision is included. 88F Incidental determination of recognition of certain foreign marriages Notwithstanding any other law, the question whether a marriage solemnised in a foreign country is to be recognised in Australia as valid shall be determined in accordance with the provisions of this Part, whether or not the determination of the question is incidental to the determination of another question. 88G Evidence (1)A document purporting to be either the original or a certified copy of a certificate, entry or record of a marriage alleged to have been solemnised in, or under the law of, a foreign country and purporting to have been issued by: (a)in the case of a marriage alleged to have been solemnised in a foreign country—an authority of that country or of that part of the country in which the marriage was allegedly solemnised; or (b)in the case of a marriage alleged to have been solemnised under the law of a foreign country—an authority of that country; is, for all purposes, prima facie evidence of the facts stated in the document and of the validity of the marriage to which the document relates. (2)Subsection (1) does not apply to or in relation to a document if it is proved that the authority of the foreign country or of the part of a foreign country by which the document purports to have been issued was not, at the time of issue, a competent authority. (3)In subsection (2), competent authority means: (a)in relation to a foreign country: (i)any authority that is prescribed in relation to that country by regulations made for the purposes of this paragraph; or (ii)any other authority that is competent, under the law in force in that country, to issue the original or a certified copy of a certificate, entry or record of a marriage solemnised in, or under the law of, that country; and (b)in relation to a part of a foreign country: (i)any authority that is prescribed in relation to that part of that country by regulations made for the purposes of this paragraph; or (ii)any other authority that is competent, under the law in force in that part of that country, to issue the original or a certified copy of a certificate, entry or record of a marriage solemnised in that part of that country. Part VI — Legitimation 89 Legitimation by virtue of marriage of parents (1)A child (whether born before or after the commencement of this Act) whose parents were not married to each other at the time of his or her birth but have subsequently married each other (whether before or after the commencement of this Act) is, by virtue of the marriage, for all purposes the legitimate child of his or her parents as from his or her birth or the commencement of this Act, whichever was the later. (2)Subsection (1) applies in relation to a child whether or not there was a legal impediment to the marriage of his or her parents at the time of his or her birth and whether or not the child was still living at the time of the marriage or, in the case of a child born before the commencement of this Act, at the commencement of this Act. (3)Subsection (1) does not apply in relation to a child unless: (a)at the time of the marriage of the child’s parents: (i)where that marriage took place before the commencement of section 24 of the Marriage Amendment Act 1985 —the child’s father was domiciled in Australia; or (ii)in any other case—one of the child’s parents was domiciled in Australia; or (b)the marriage of the child’s parents took place in Australia, or outside Australia under Part V of this Act or under the Marriage (Overseas) Act 1955 . (4)Nothing in this section renders ineffective any legitimation that took place before the commencement of this Act by or under a law of a State or Territory or shall be taken to exclude the continued operation of such a law in relation to such a legitimation. (5)This section does not apply in relation to a child so as to affect any estate, right or interest in real or personal property to which a person has become, or may become, entitled, either mediately or immediately, in possession or expectancy, by virtue of a disposition that took effect, or by devolution by law on the death of a person who died, before the marriage of the parents of the child or the commencement of this Act, whichever was the later. 90 Legitimacy of children of certain foreign marriages (1)Where: (a)the parents of a child born illegitimate have married each other or the parents of a child born in a place the law of which did not recognise the status of illegitimacy have married each other; (b)the marriage took place outside Australia; (c)neither parent of the child was domiciled in Australia at the time of the marriage; and (d)the law of the place where a parent of the child was then domiciled did not recognise the status of illegitimacy or, if the law of the place where a parent of the child was then domiciled did recognise that status, the child was, by that law, legitimated by virtue of the marriage; the child is for all purposes the legitimate child of his or her parents as from the time of the marriage or the commencement of section 25 of the Marriage Amendment Act 1985 , whichever was the later. (2)Where the relationship of a child and his or her father and mother is, for the purposes of the law of a place, required by a law in force in that place to be determined irrespective of whether or not the father and mother are or have been married to each other, the law of that place shall, for the purposes of this section, be taken not to recognise the status of illegitimacy. (3)Subsection (1) applies in relation to a child: (a)whether the child was born before or after the commencement of section 25 of the Marriage Amendment Act 1985 , whether the marriage of the parents of the child took place before or after that commencement and whether or not the child was still living at the time of the marriage or, in the case of a child born before that commencement, at that commencement; and (b)in the case of a child born illegitimate who, by virtue of the marriage of the child’s parents, was legitimated by the law of the place where a parent of the child was domiciled at the time of the marriage—whether or not the law of the place in which that parent or the other parent was domiciled at the time of the birth of the child permitted or recognised legitimation by subsequent marriage. 91 Legitimacy of children of certain void marriages (1)Subject to this section, a child of a marriage that is void shall be deemed for all purposes to be the legitimate child of his or her parents as from his or her birth or the commencement of this Act, whichever was the later, if, at the time of the intercourse that resulted in the birth of the child or the time when the ceremony of marriage took place, whichever was the later, either party to the marriage believed on reasonable grounds that the marriage was valid. (2)Subsection (1) does not apply unless one of the parents of the child was domiciled in Australia at the time of the birth of the child or, having died before that time, was domiciled in Australia immediately before his or her death. (3)Subsection (1) applies in relation to a child whether the child was born before or after the commencement of this Act, whether the ceremony of marriage took place before or after the commencement of this Act and whether the ceremony of marriage took place in or outside Australia. (4)This section does not apply in relation to a child so as to affect any estate, right or interest in real or personal property to which a person has become, or may become, entitled, either mediately or immediately, in possession or expectancy, by virtue of a disposition that took effect, or by devolution by law on the death of a person who died, before the birth of the child or the commencement of this Act, whichever was the later. 92 Declarations of legitimacy etc. (1)A person may apply to the Federal Circuit and Family Court of Australia (Division 1), the Federal Circuit and Family Court of Australia (Division 2), a Family Court of a State or the Supreme Court of a State or Territory for an order declaring: (a)that the person is the legitimate child of his or her parents; or (b)that the person or his or her parent or child or a remoter ancestor or descendant is or was a legitimated person; and the Court may, in its discretion, make the order. (2)The Supreme Courts of the States and any Family Court of a State are invested with federal jurisdiction and jurisdiction is conferred, to the extent that the Constitution permits, on the Supreme Courts of the Territories, to hear and determine applications under this section. (4)The Court to which an application under this section is made may: (a)direct that notice of the application be given to such persons (who may include the AttorneyGeneral of the Commonwealth or of a State or the Northern Territory) as the Court thinks fit; (b)direct that a person be made a party to the application; or (c)permit a person having an interest in the matter to intervene in, and become a party to, the proceedings. (5)Where the Court makes an order upon the application, it may include in the order such particulars in relation to the legitimacy or legitimation of the person to whom it relates as the Court finds to be established. (6)An order made under this section binds the Crown in right of the Commonwealth or of a State or the Northern Territory, whether or not notice was given to the AttorneyGeneral of the Commonwealth or of that State or Territory, but does not affect: (a)the rights of another person unless that other person was: (i)a party to the proceedings for the order or a person claiming through such a party; or (ii)a person to whom notice of the application for the order was given or a person claiming through such a person; or (b)an earlier judgment, order or decree of a court of competent jurisdiction, whether in exercise of federal jurisdiction or not. (7)The GovernorGeneral may, by Proclamation, fix a date as the date on and after which proceedings under this section may not be instituted in, or transferred to, the Supreme Court of a State or Territory specified in the Proclamation and that Supreme Court shall not hear and determine any such proceedings so instituted in, or transferred to, that Court on or after that date. 93 Operation of certain State and Territory laws (1)Nothing in this Part shall be taken to operate in relation to a child so as to affect the validity or effect of an adoption of the child, whether the adoption took place before, or takes place after, the commencement of this Act. (2)Nothing in this Part shall be taken to exclude the operation of a law of a State or Territory in so far as it provides for the making or altering of entries in a register, but a legitimation under this Part is not affected by any failure to comply with such a law. (3)Nothing in this Part shall be taken to affect the validity or effect of a law of a State or Territory (however expressed and whether enacted before or after the commencement of this subsection) that operates to require a child born to a woman as a result of the carrying out of an artificial conception procedure in relation to the woman: (a)to be treated as the child of the woman; (b)to be treated as the child of the woman and a particular man; or (c)to be treated as the child of a particular man. Part VII — Offences 94 Bigamy (1)A person who is married shall not go through a form or ceremony of marriage with any person. Penalty:Imprisonment for 5 years. (1A)For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance, that the person was married when the form or ceremony took place. Note:For strict liability , see section 6.1 of the Criminal Code . (2)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that: (a)at the time of the alleged offence, the defendant believed that his or her spouse was dead; and (b)the defendant’s spouse had been absent from the defendant for such time and in such circumstances as to provide, at the time of the alleged offence, reasonable grounds for presuming that the defendant’s spouse was dead. (3)For the purposes of subsection (2), proof by a defendant that the defendant’s spouse had been continually absent from the defendant for the period of 7 years immediately preceding the date of the alleged offence and that, at the time of the alleged offence, the defendant had no reason to believe that the defendant’s spouse had been alive at any time within that period is sufficient proof of the matters referred to in paragraph (2)(b). (3A)To avoid doubt, section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsections (2) and (3). (4)A person shall not go through a form or ceremony of marriage with a person who is married, knowing, or having reasonable grounds to believe, that the latter person is married. Penalty:Imprisonment for 5 years. (5)It is not an offence against this section for a person to go through a form or ceremony of marriage with that person’s own spouse. (6)In a prosecution for an offence against this section, the spouse of the accused person is a competent and compellable witness for either the prosecution or the defence. (7)In a prosecution for an offence against this section, the fact that, at the time of the alleged offence, a person was married shall not be taken to have been proved if the only evidence of the fact is the evidence of the other party to the alleged marriage. (7A)In a prosecution for an offence against this section, the court may receive as evidence of the facts stated in it a document purporting to be either the original or a certified copy of a certificate, entry or record of a marriage alleged to have taken place whether in Australia or elsewhere. (8)This section operates to the exclusion of any law of a State or Territory making it an offence: (a)for a person who is married to go through a form or ceremony of marriage with any person; or (b)for a person to go through a form or ceremony of marriage with a person who is married; but does not affect the operation of such a law in relation to acts and things done before the commencement of this Act. 95 Marrying person not of marriageable age etc. (1)A person shall not go through a form or ceremony of marriage with a person who is not of marriageable age. Penalty:Imprisonment for 5 years. (1A)For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance, that the person is not of marriageable age. Note:For strict liability , see section 6.1 of the Criminal Code . (2)A person shall not go through a form or ceremony of marriage with a person (in this subsection referred to as the other party to the marriage ) who is a minor unless: (a)the other party to the marriage has previously been married; or (b)the written consent of the person, or of each of the persons, whose consent to the marriage of the other party to the marriage is required by this Act, has been given or dispensed with in accordance with this Act. Penalty:Imprisonment for 6 months or 5 penalty units. (2A)For the purposes of an offence against subsection (2), strict liability applies to the physical element of circumstance, that the other party to the marriage is a minor. Note:For strict liability , see section 6.1 of the Criminal Code . (3)It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that he or she believed on reasonable grounds that the person with whom he or she went through the form or ceremony of marriage was of marriageable age. (3A)To avoid doubt, section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection (3). (4)It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that he or she believed on reasonable grounds: (a)that the person with whom he or she went through the form or ceremony of marriage had attained the age of 18 years or had previously been married; or (b)that the consent of the person, or of each of the persons, referred to in paragraph (2)(b) had been given or dispensed with in accordance with this Act. (5)To avoid doubt, section 9.2 of the Criminal Code (mistake of fact) does not apply in relation to the matters mentioned in subsection (4). 98 Contravention of subsection 13(3) A person shall not subscribe his or her name as a witness to the signature of a person to a consent to the marriage of a minor in contravention of subsection 13(3). Penalty:Imprisonment for 6 months or 5 penalty units. 99 Solemnising marriage where notice or declaration not given or made etc. (1)An authorised celebrant shall not solemnise a marriage under Division 2 of Part IV in contravention of section 42 or 44. (3)An authorised celebrant shall not solemnise a marriage under Division 3 of Part V in contravention of section 74, 75, 76, 77 or 78. (4)A person shall not solemnise a marriage in contravention of section 13 or 112. (5)A person shall not solemnise a marriage in contravention of subsection 33(3). (6)A person shall not, in contravention of subsection 113(1), purport to solemnise a marriage between persons who inform the firstmentioned person that they are already legally married to each other or whom the firstmentioned person knows or has reason to believe to be already legally married to each other. Penalty:Imprisonment for 6 months or 5 penalty units. 100 Solemnising marriage where reason to believe there is a legal impediment A person shall not solemnise a marriage, or purport to solemnise a marriage, if the person has reason to believe that there is a legal impediment to the marriage or if the person has reason to believe the marriage would be void. Penalty:Imprisonment for 6 months or 5 penalty units. 101 Solemnisation of marriage by unauthorised person A person shall not solemnise a marriage, or purport to solemnise a marriage, at a place in Australia or under Part V unless the person is authorised by or under this Act to solemnise marriages at that place or under that Part, as the case may be. Penalty:Imprisonment for 6 months or 5 penalty units. 103 Going through ceremony of marriage before person not authorised to solemnise it A person shall not go through a form or ceremony of marriage with another person knowing that the person solemnising the marriage is not authorised to solemnise it and having reason to believe that the other party to the marriage believes that the person solemnising the marriage is so authorised. Penalty:Imprisonment for 6 months or 5 penalty units. 104 Giving defective notice etc. A person shall not give a notice to an authorised celebrant under section 42, or sign a notice under section 42 after it has been given, if, to the knowledge of that person, the notice contains a false statement or an error or is defective. Penalty:Imprisonment for 6 months or 5 penalty units. 105 Failure to comply with notice under section 51 (1)A person on whom a notice under section 51 has been duly served shall not fail to comply with the notice. Penalty:1 penalty unit. (2)Subsection (1) does not apply if the person has a reasonable excuse. Note:A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ). (3)Subsection (1) is an offence of strict liability. Note:For strict liability , see section 6.1 of the Criminal Code . 106 Failure by interpreter to furnish certificate etc. A person who has acted as interpreter at the solemnisation of a marriage shall not: (a)fail to comply with subsection 112(3); or (b)intentionally make a false statement in a certificate under that subsection. Penalty:Imprisonment for 6 months or 5 penalty units. Part VIII — Transitional provisions 107 Exercise of powers etc. before commencement of Act (1)Section 4 of the Acts Interpretation Act 1901 applies in relation to the provisions that are to come into operation on a date to be fixed by Proclamation as if those provisions were an Act. (2)For the purpose of enabling marriages to be solemnised in Australia in accordance with Division 2 of Part IV from the commencement of this Act: (a)a notice of intention to marry may be given, and a declaration may be made, under section 42; (b)any consent to the marriage of a minor required by Part II may be given; and (c)any power conferred on a prescribed authority may be exercised; at any time after the day on which the Proclamation under section 2 has been published in the Gazette and before the commencement of this Act, as if the provisions of this Act to which the Proclamation relates had come into operation on that day. (3)For the purposes of the operation of subsection (2), any person who is authorised under a law of a State or Territory to solemnise marriages shall be deemed to be an authorised celebrant. 108 Application of offence provisions to notices etc. given before commencement of this Act (1)The provisions of sections 98 and 104 apply to and in relation to acts done, notices given and declarations made before the commencement of this Act in relation to marriages that take place in Australia after the commencement of this Act or that have not taken place but were intended to be solemnised in Australia in accordance with this Act. (2)For the purposes of the application of sections 98 and 104 to and in relation to an act done or a notice given at a time before the commencement of this Act in relation to such a marriage, a person who at that time was authorised under a law of a State or Territory to solemnise marriages shall be deemed to have been an authorised celebrant at that time. 109 Consents etc. given under State or Territory laws (1)A consent in writing to the marriage of a minor given by a person before the commencement of this Act in accordance with the law of a State or Territory shall, if the marriage in respect of which the consent was given takes place after the commencement of this Act in that State or Territory, be deemed to have been duly given and witnessed for the purposes of section 13. (2)Where the consent of a person to the marriage of a minor has, before the commencement of this Act, been dispensed with in pursuance of a law of a State or Territory, the consent of that person shall, if the marriage in respect of which it was dispensed with takes place after the commencement of this Act in that State or Territory, be deemed to have been dispensed with by a prescribed authority under Part II. (3)Where a person or authority has, before the commencement of this Act, in pursuance of a law of a State or Territory, given consent to the marriage of a minor in place of the consent of a person whose consent would otherwise be required, the consent so given shall, if the marriage in respect of which the consent was given takes place after the commencement of this Act in that State or Territory, be deemed to have been given by a magistrate under Part II. Part IX — Miscellaneous 111 Certain marriages and legitimations to be valid in all the Territories (1)A marriage solemnised in accordance with Division 2 of Part IV that is a valid marriage in Australia is valid in the external Territories. (2)A person who is, or is deemed to be, as from a particular time, the legitimate child of that person’s parents by virtue of section 89, 90 or 91 is, or shall be deemed to be, for all purposes the legitimate child of that person’s parents as from that time in the external Territories. (3)The operation of subsection (2) in relation to a child to whom section 89 or 91 applies is subject to a like qualification to that provided by subsection 89(5) or 91(4), as the case requires. (4)Subsection (2) shall not be taken to operate in relation to a child so as to affect the validity or effect of an adoption of the child, whether the adoption took place before, or takes place after, the commencement of this Act. 111A Abolition of action for breach of promise (1)A person is not entitled to recover damages from another person by reason only of the fact that that other person has failed to perform a promise, undertaking or engagement to marry the firstmentioned person. (2)This section does not affect an action for the recovery of any gifts given in contemplation of marriage which could have been brought if this section had not been enacted. 112 Interpreters at marriage ceremonies (1)Subject to this section, where the person by whom a marriage is to be solemnised considers that it is desirable to do so, the person may use the services of an interpreter, not being a party to the marriage, in or in connexion with the ceremony. (2)A person shall not solemnise a marriage in or in connexion with the ceremony of which the services of an interpreter are used unless the person has received a statutory declaration by the interpreter stating that the interpreter understands, and is able to converse in, the languages in respect of which he or she is to act as interpreter. (3)A person who has acted as interpreter in or in connexion with a ceremony of marriage shall, forthwith after the ceremony has taken place, furnish to the person solemnising the marriage a certificate signed by the firstmentioned person of the faithful performance of the firstmentioned person’s services as interpreter. (4)This section applies in relation to marriages to which Division 2 of Part IV applies and marriages under Part V. 113 Second marriage ceremonies (1)Except in accordance with this section: (a)persons who are already legally married to each other shall not, in Australia or under Part V, go through a form or ceremony of marriage with each other; and (b)a person who is authorised by this Act to solemnise marriages shall not purport to solemnise a marriage in Australia or under Part V between persons who inform the firstmentioned person that they are already legally married to each other or whom the firstmentioned person knows or has reason to believe to be already legally married to each other. (2)Where: (a)2 persons have gone through a form or ceremony of marriage with each other, whether before or after the commencement of this Act; and (b)there is a doubt: (i)whether those persons are legally married to each other; (ii)where the form or ceremony of marriage took place outside Australia, whether the marriage would be recognised as valid by a court in Australia; or (iii)whether their marriage could be proved in legal proceedings; those persons may, subject to this section, go through a form or ceremony of marriage with each other in accordance with Division 2 of Part IV or under Part V as if they had not previously gone through a form or ceremony of marriage with each other. (3)Where 2 persons wish to go through a form or ceremony of marriage with each other in pursuance of subsection (2), they shall furnish to the person by whom the form or ceremony is to take place or be performed: (a)a statutory declaration by them stating that they have previously gone through a form or ceremony of marriage with each other and specifying the date on which, the place at which and the circumstances in which they went through that form or ceremony; and (b)a certificate by a barrister or solicitor, being a certificate endorsed on the statutory declaration, that, on the facts stated in the declaration, there is, in his or her opinion, a doubt as to one of the matters specified in paragraph (2)(b). (4)The person by whom a form or ceremony of marriage takes place or is performed in pursuance of subsection (2) shall make an endorsement in accordance with the regulations on each certificate issued in respect of it. (4A)A marriage which takes place after the commencement of this subsection in pursuance of subsection (2) is not invalid by reason of any failure to comply with the requirements of subsection (3) or (4). (5)Nothing in this Act shall be taken to prevent 2 persons who are already legally married to each other from going through a religious ceremony of marriage with each other in Australia where those persons have: (a)produced to the person by whom the ceremony is to be performed a certificate of their existing marriage; and (b)furnished to that person a statement in writing, signed by them and witnessed by that person, that: (i)they have previously gone through a form or ceremony of marriage with each other; (ii)they are the parties mentioned in the certificate of marriage produced with the statement; and (iii)they have no reason to believe that they are not legally married to each other or, if their marriage took place outside Australia, they have no reason to believe that it would not be recognised as valid in Australia. (6)The provisions of sections 42, 44, 50 and 51 do not apply to or in relation to a religious ceremony of marriage in accordance with subsection (5) and the person by whom the ceremony is performed shall not: (a)prepare or issue in respect of it any certificate of marriage under or referring to this Act; or (b)issue any other document to the parties in respect of the ceremony unless the parties are described in the document as being already legally married to each other. (7)A person who is not an authorised celebrant does not commit an offence against section 101 by reason only of his or her having performed a religious ceremony of marriage between parties who have complied with the requirements of subsection (5) of this section. 114 Correction of errors in marriage registries (1)In this section, the registrar means the Registrar of Foreign Marriages or the Registrar of Overseas Marriages. (2)Where the registrar is satisfied that a register of marriages kept by the registrar contains an error or a misstatement in, or an omission from, the particulars of a marriage entered in it, the registrar may correct the register by causing the true particulars of the marriage or the particulars omitted from the register, as the case may be, to be entered in the margin of the register opposite to the entry of the marriage. (3)Where the registrar causes particulars to be entered in the margin of a register under this section, the registrar shall sign his or her name immediately under those particulars and write in the margin the date on which the particulars were so entered. (4)The registrar may, before correcting an error, misstatement or omission under this section, require the true particulars of the marriage, or the particulars omitted from the register, as the case may be, to be verified by the statutory declaration of the parties to the marriage or a person who satisfies the registrar that that person has personal knowledge of those particulars. (5)Subject to subsection (6), where a copy of, or extract from, an entry in a register of marriages that has been corrected under this section is issued, the copy or extract shall contain the particulars that would be contained in the entry if the particulars in fact contained in the entry were corrected so as to accord with the particulars entered in the margin of the register. (6)A copy of, or extract from, an entry in a register shall contain the particulars contained in the entry and the particulars entered, in relation to the entry, in the margin of the register if the registrar is satisfied that the person requiring a copy or extract has proper reasons for requiring a copy or extract containing those particulars. 115 Publication of lists of authorised celebrants (1)The Minister shall cause to be published in such manner as the Minister considers appropriate: (a)a list of the persons who are ministers of religion registered under Subdivision A of Division 1 of Part IV; and (aa)a list of the persons who, or positions that, are authorised to solemnise marriages under Subdivision B of Division 1 of Part IV; and (ab)a list of the persons who are marriage celebrants; and (ac)a list of the persons who are religious marriage celebrants; and (b)a list of the persons who, or positions that, are prescribed authorities in relation to marriages in Australia. (2)A list of persons published under subsection (1) must show the information set out in the following table for each person included in the list. Requirements for lists Item The list of persons published under this provision … must show the following information … 1 paragraph (1)(a) the full name, designation, address and religious denomination of each minister of religion registered under Subdivision A of Division 1 of Part IV. 2 paragraph (1)(aa) the full name, designation (if any) and address of each person in the list who is authorised to solemnise marriages under Subdivision B of Division 1 of Part IV. 3 paragraph (1)(ab) the information required to be entered in the register of marriage celebrants for the purposes of subsection 39D(5). 3A paragraph (1)(ac) the information required to be entered in the register of marriage celebrants for the purposes of subsection 39D(5); and where appropriate, the religious body or religious organisation to which the person belongs. 4 paragraph (1)(b) full name, designation (if any) and address of each person in the list who is a prescribed authority. Inclusion of names in latest list—prima facie evidence (3)The inclusion of the name of a person in the latest list published under paragraph (1)(a), (aa), (ab) or (ac) is prima facie evidence that the person is authorised to solemnise marriages under Division 1 of Part IV. (4)The inclusion of the name of a person in the latest list published under paragraph (1)(b) is prima facie evidence that the person is a prescribed authority. Inclusion of positions in latest list—prima facie evidence (5)The inclusion of a position in the latest list published under paragraph (1)(aa) is prima facie evidence that a person in, or acting in, the position is authorised to solemnise marriages under Division 1 of Part IV. (6)The inclusion of a position in the latest list published under paragraph (1)(b) is prima facie evidence that a person in, or acting in, the position is a prescribed authority. 116 Judicial notice of signatures of Registrars, celebrants etc. (1)Judicial notice shall be taken of the signature of a person who holds or has held, or is acting or has acted in, the office of: (a)Registrar of Foreign Marriages; (b)Deputy Registrar of Foreign Marriages; (c)Registrar of Overseas Marriages; appearing on a document under this Act and of the fact that, at the time the document was signed by the person, he or she held, or was acting in, that office. (2)Judicial notice shall be taken of the signature of a person who is, or has been, an authorised celebrant appearing on a document under this Act and of the fact that, at the time the document was signed by the person, he or she was an authorised celebrant, as the case may be. (3)Judicial notice shall be taken of the signature of a person who has, at any time: (a)performed the functions of a Judge or magistrate under Part II of this Act or of a Judge under the Part repealed by the Marriage Amendment Act 1976 ; (b)performed the functions of a prescribed authority under this Act; or (c)kept a register under Division 1 of Part IV of this Act; appearing on a document under this Act and of the fact that, at the time the document was signed, that person was duly authorised to perform those functions or to keep that register, as the case may be. 117 Evidence of registration etc. (1)A certificate under the hand of a person by whom a register under a Subdivision of Division 1 of Part IV (other than Subdivision C or D of that Division) is kept stating that a specified person was, at a date specified in the certificate, registered under that Subdivision in the register kept by the firstmentioned person for the purposes of that Subdivision is evidence that the person specified in the certificate was registered under that Subdivision at the date so specified. (2)A certificate under the hand of the Minister stating that a person specified in the certificate was not, at a date specified in the certificate, registered under a Subdivision of Division 1 of Part IV (other than Subdivision C or D of that Division) is evidence that the person specified in the certificate was not registered under that Subdivision at the date so specified. (2A)A certificate under the hand of the Minister stating that a specified person was at a specified date: (a)a person authorised under section 39 to solemnise marriages at the place and subject to the conditions (if any) specified in the certificate; or (b)an officer or employee of the Commonwealth, a State or a Territory, appointed by the Minister to be a prescribed authority; is prima facie evidence of the matters stated in the certificate. (3)In a prosecution for an offence against this Act, an averment by the prosecutor in the information or complaint that the defendant or any other person specified in the averment is identical with the person specified in a certificate under this section is evidence of that fact. 118 Right of ministers of religion to receive fees Nothing in this Act affects the right of a minister of religion who is an authorised celebrant to require or receive a fee for or in respect of the solemnisation of a marriage. 119 Approved forms (1)The Minister may, in writing, approve a form for the purpose of a provision of this Act or the regulations. If the Minister approves a form, that form must be used. (2)An approved form may do any of the following: (a)require the form to be accompanied by specified documents; (b)require documents or information to be verified by statutory declaration. (3)The Minister must ensure that an approved form is in force for each of the following provisions: (a)subsection 30(1) (application for registration of minister of religion); (b)subsection 39D(1) (application for registration as a marriage celebrant); (c)paragraph 42(1)(a) (notice of intended marriage); (d)paragraph 42(1)(c) (declaration by parties to marriage); (e)paragraph 50(1)(b) (official certificate of marriage); (f)subsection 74(1) (declaration to be made before authorised celebrant); (g)paragraph 80(1)(b) (official certificate of marriage); (h)subsection 84(1) (certificate of overseas marriage); (i)subsection 112(3) (interpreter’s certificate); (j)any provision of the regulations specified by the regulations for the purpose of this paragraph. 120 Regulations The GovernorGeneral may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular: (b)prescribing the practice and procedure in relation to inquiries under Part II by a Judge or a magistrate, including the summoning of witnesses, the production of documents, the taking of evidence on oath or affirmation, the administering of oaths or affirmations and the payment to witnesses of fees and of allowances for expenses; (c)prescribing the manner of making application for registration under Division 1 of Part IV; (e)prescribing the conditions under which, and the manner in which, marriages solemnised in accordance with the law of an overseas country may be registered under section 84; (f)making provision for the recognition in Australia of marriages solemnised under a law in force in a place outside Australia, being a law which makes provision appearing to the GovernorGeneral to be similar to any provision made by Part V; (g)requiring the furnishing, to the persons by whom registers of births are kept under a law of the Commonwealth or a State or of any Territory, of information with respect to: (i)legitimations effected by sections 89, 90 and 91; and (ii)orders made under section 92; (h)making provision for and in relation to: (i)registration of legitimations effected by sections 89, 90 and 91 in cases where the births of the legitimated children are not registered in any register of births kept under a law of the Commonwealth or a State or of any Territory (including provision requiring the furnishing of information); and (ii)the issue and effect of certificates in respect of any such registration; and (j)prescribing penalties not exceeding a fine of 2 penalty units for offences against the regulations. Schedule 1—Consent to the marriage of a minor Note:See section 14. 1 Consent to the marriage of a minor The following table sets out whose consent is required before a minor may marry. Persons whose consent is required Item If … then this person’s consent is required … 1 (a) at least one parent of the minor is alive; and (b) there is no court order in force in relation to parental responsibility for the minor; and (c) the minor does not have a guardian as referred to in item 3 or 4 of this table each parent. 2 there is a court order in force granting parental responsibility for the minor to one or more persons (whether or not those persons are the minor’s parents) each person who, under the order, has (whether explicitly or implicitly) parental responsibility for giving consent to the minor’s marriage. 3 there is a guardianship order in force that: (a) relates to the minor; and (b) is made by a court, tribunal or other body of a State or Territory; each guardian of the minor under the order. 4 a person is under an Act of the Commonwealth, a State or a Territory, or an Ordinance of a Territory, a guardian of the minor to the exclusion of any other person each guardian of the minor under the Act or Ordinance. 5 a person is under an Act of a State or a Territory, or an Ordinance of a Territory, a guardian of the minor in addition to any other person whose consent is required in accordance with this table each guardian of the minor under the Act or Ordinance and each other person whose consent is required in accordance with this table. 6 no other item of this table applies a prescribed authority. ### How to Get Your Marriage Certificate in Western Australia URL: https://themarriageoffice.au/marriage-certificate-queensland/ Description: Complete guide to ordering your marriage certificate in Western Australia. Learn about certificate types, timeframes, fees, and the step-by-step process from ceremony to registration. Content: How to Get Your Marriage Certificate in Western Australia Complete guide to ordering your marriage certificate in Western Australia. Learn about certificate types, timeframes, fees, and the step-by-step process from ceremony to registration. Order Your Marriage Certificate (Western Australia) After your marriage ceremony in Western Australia, you’ll need to understand how to get your official marriage certificate. This guide explains the process, timeframes, and different types of certificates available. Authorised Commonwealth Marriage Celebrant. Serving Perth and Fremantle / Perth. Types of Marriage Certificates Commemorative Certificate What it is : A decorative certificate you receive on your wedding day Legal status : Not legally recognised for official purposes Cost : Usually included with your ceremony Use : Keepsake and memento of your special day Official Marriage Certificate What it is : Legal document issued by WA Registry of Births, Deaths and Marriages Legal status : Fully recognised for all legal purposes Required for : Name changes, passport applications, visa applications, legal proceedings Cost : See Western Australia BDM website for current fees Certified Copy vs Extract Certified Copy : Full reproduction of the marriage register entry Extract : Abbreviated version with essential details only Both are legally valid for most purposes Choose based on the requirements of the organisation requesting it The Process: From Ceremony to Certificate Step 1: Marriage Ceremony Your celebrant conducts the legal marriage ceremony You and your witnesses sign the marriage documents Celebrant provides you with a commemorative certificate Step 2: Registration (Celebrant’s Responsibility) Within 14 days : Your celebrant must lodge the marriage documents with WA BDM No action required from you during this step Registration processing : Usually takes 2-4 weeks Step 3: Ordering Your Certificate Wait period : Allow 4-6 weeks after your ceremony before ordering Online ordering : Available through WA BDM website In-person ordering : Visit a BDM office Mail ordering : Send completed application form Step 4: Receive Your Certificate Standard processing : See WA BDM for current timeframes Express processing : Available for additional fee Delivery options : Post or collection from BDM office When Can You Order? Timing Guidelines Minimum wait : 4 weeks after your ceremony Recommended wait : 6 weeks to ensure registration is complete If urgent : Contact WA BDM to check if your marriage is registered Processing time : Additional time for BDM to process your order What If It’s Not Ready? Your celebrant may not have lodged the documents yet (they have 14 days) BDM may still be processing the registration There may have been an error requiring correction Contact your celebrant first, then BDM if needed How to Order Your Certificate Online Ordering (Recommended) Visit the Western Australia BDM website Select “Order a Certificate” Choose “Marriage Certificate” Complete the online application Pay the fee online Choose delivery method Required Information Full names of both parties (as on marriage documents) Date of marriage Place of marriage (suburb/town) Celebrant’s name (if known) Your identification details Delivery address In-Person Ordering Visit any WA BDM office Bring photo identification Complete application form Pay fee (cash, card, or cheque) Choose collection or postal delivery Fees and Processing Times Current fees and processing times : Check the Western Australia BDM website for up-to-date information, as government fees and timeframes can change. Typical Options Standard certificate : Standard processing time Express certificate : Faster processing for additional fee Certified copy vs extract : May have different fees Delivery options : Post or collection may affect total cost Who Can Order a Marriage Certificate? Authorised Persons Either spouse named on the certificate Legal representative with proper authority Person with legitimate interest (with appropriate documentation) Identification Required Photo ID : Driver’s licence, passport, or proof of age card Proof of relationship : If ordering for someone else Legal authority : If acting as representative Common Uses for Marriage Certificates Name Changes Banks and financial institutions Passport applications Driver’s licence updates Employment records Insurance policies Legal and Official Purposes Visa applications Immigration processes Legal proceedings Property transactions Superannuation changes International Use May require apostille or legalisation for overseas use Check requirements with the destination country See our Apostille & Legalisation guide Troubleshooting Common Issues ”Marriage Not Found” Wait longer : Registration may still be processing Check details : Ensure names and dates are exactly correct Contact celebrant : Confirm documents were lodged Contact BDM : If problems persist Name Spelling Errors Minor errors : May be correctable through BDM Major errors : May require celebrant to lodge correction Document errors : Original marriage documents may need amendment Urgent Certificate Needed Express processing : Available for additional fee Contact BDM : Explain your urgent circumstances Alternative documents : Check if other proof of marriage is acceptable Getting Help The Perth Marriage Office Support Pre-ceremony guidance : We explain the certificate process Post-ceremony support : Help with any registration issues Document problems : Assistance with corrections if needed Contact us : If you have questions about your marriage registration WA BDM Contact Website : Western Australia Registry of Births, Deaths and Marriages Phone : Check BDM website for current contact numbers Office visits : Multiple locations across WA Plan Ahead If you know you’ll need your marriage certificate for: Name changes : Start the process 6-8 weeks after your ceremony Passport applications : Allow extra time for processing Visa applications : Check requirements early and order accordingly Overseas travel : Consider if apostille is needed Ready to Get Married? Book your marriage ceremony with The Perth Marriage Office, and we’ll guide you through the entire process, including how to get your marriage certificate. Contact us if you have questions about the marriage registration process or need help with certificate-related issues. Related Information Apostille & Legalisation - Using your certificate overseas Change your name - After marriage name change process Simple marriage service - Get married with The Perth Marriage Office Requirements - What you need to get married in WA Remember: Your marriage is legally valid as soon as the ceremony is completed and the documents are signed. The certificate is simply official proof of your marriage for legal and administrative purposes. ### Marriage Equality URL: https://themarriageoffice.au/marriage-equality/ Description: Learn about marriage equality in Australia. Find clear info on legal rights, inclusivity, and the steps for all couples to marry legally. Content: Marriage Equality Learn about marriage equality in Australia. Find clear info on legal rights, inclusivity, and the steps for all couples to marry legally. Current Legal Status Since December 9, 2017, marriage in Australia has been defined as “the union of two people to the exclusion of all others, voluntarily entered into for life.” This definition applies regardless of gender or sexuality. The Path to Marriage Equality Historical Context Until 1989: Western Australia decriminalised homosexuality 2004: Marriage Act amended to explicitly define marriage as between a man and a woman 2009-2017: Multiple attempts to change marriage laws at federal level 2017: Successful postal survey and legislative change The Postal Survey Conducted between September and November 2017 61.6% of Australians voted ‘Yes’ Western Australia recorded a 63.7% ‘Yes’ vote Over 80% of eligible Australians participated Legislative Change Marriage Amendment (Definition and Religious Freedoms) Act 2017 Passed parliament on December 7, 2017 Became law on December 9, 2017 First legal same-sex marriages took place from January 9, 2018 What This Means Today Legal Recognition All marriages are equal under Australian law Same legal rights and protections for all married couples Full recognition of overseas same-sex marriages Equal access to marriage-related benefits and obligations Marriage Services At the Perth Marriage Office: We welcome all couples equally Same straightforward process for everyone Same legal requirements apply Same documentation needed Same celebrant services available Documentation Marriage certificates are identical for all couples No gender-specific language on certificates Standard forms use inclusive terminology Equal recognition by all government departments Religious Protections Religious organisations can choose whether to perform marriages Civil celebrants must follow inclusive laws Our services are non-religious and welcome all couples Overseas Recognition Australian same-sex marriages are recognised in many countries Recognition varies internationally Check specific country requirements if travelling We can provide guidance on documentation needed Looking Forward The Perth Marriage Office celebrates equality in marriage by: Providing professional services to all couples Using inclusive language Ensuring equal treatment Supporting all couples’ right to marry ### NOIM Witnessing in Perth URL: https://themarriageoffice.au/noim-witnessing-gold-coast/ Description: Professional NOIM witnessing service in Perth CBD. Get your Notice of Intended Marriage witnessed by an authorised celebrant. Walk-in and appointment options available. Content: NOIM Witnessing in Perth Professional NOIM witnessing service in Perth CBD. Get your Notice of Intended Marriage witnessed by an authorised celebrant. Walk-in and appointment options available. NOIM Witnessing in Perth Need your Notice of Intended Marriage (NOIM) witnessed in Perth? The Perth Marriage Office provides professional NOIM witnessing services in the Perth CBD and surrounding areas. Our authorised celebrants can witness your NOIM quickly and efficiently. Authorised Commonwealth Marriage Celebrant. Serving Perth and Fremantle / Perth. What to Bring Required Documents Completed NOIM form (we can help you complete it if needed) Original identification documents for both parties: Birth certificate (original or certified copy) OR current passport Current photo ID (driver’s licence, proof of age card, or passport) If previously married : Divorce certificate or death certificate of previous spouse If name differs from birth certificate : Change of name certificate, marriage certificate, or deed poll For Overseas Documents NAATI-certified translations if documents are not in English Original documents plus certified translations How Long It Takes The witnessing process typically takes: 10-15 minutes if your NOIM is already completed correctly 20-30 minutes if we need to help you complete the form Additional time may be needed for document verification or corrections Who Can Witness Your NOIM In Australia, your NOIM must be witnessed by an authorised person: Authorised marriage celebrant (like us) Justice of the peace Barrister or solicitor Legally qualified medical practitioner Member of the Australian Federal Police or state/territory police Walk-in vs Appointment Walk-in Service Available during business hours Subject to celebrant availability May involve waiting time Best for urgent situations Appointment Service Recommended option for guaranteed service Choose your preferred time and location No waiting time Available 24/7 by arrangement Can be combined with marriage ceremony booking Cost NOIM Witnessing Service : Contact us for current pricing What’s Included : Document verification NOIM completion assistance if needed Professional witnessing and signing Guidance on next steps Copy of witnessed NOIM for your records If You’re Overseas If one or both parties are overseas, you have options: Consulate or Embassy Visit an Australian consulate or embassy Have your NOIM witnessed by an Australian consular officer May require appointment booking Notary Public Some countries allow notary public witnessing Check with us first to confirm acceptability May require additional documentation Video Pre-check We can review your documents via video call Identify any issues before you visit the consulate Ensure your NOIM is completed correctly Save time and avoid multiple trips Important Notes Timing Requirements NOIM must be lodged at least one month before your marriage date Can be lodged up to 18 months before your marriage The one-month period starts when your celebrant receives the completed, witnessed NOIM Accuracy is Critical All information must be accurate and match your documents exactly Errors can delay your marriage or require re-lodging We check everything carefully to avoid problems Name Matching Names on NOIM must match your birth certificate exactly If you’ve changed your name, bring evidence of the change We can advise on name-related issues Next Steps After Witnessing Choose your marriage date (at least one month after NOIM lodgement) Book your ceremony with The Perth Marriage Office Prepare for your marriage - we’ll guide you through everything Get married at your chosen location and time Book Your NOIM Witnessing Contact us to book your NOIM witnessing appointment or book your complete marriage service if you’re ready to plan your ceremony. Related Information Understanding the NOIM - Complete guide to the Notice of Intended Marriage Marriage requirements - What you need to get married in WA Shortening of time - Can you marry sooner than one month? Get married quickly - Fastest legal wedding process Pricing - All our service fees and options Why Choose The Perth Marriage Office? Experienced celebrants who know the NOIM process inside out Flexible locations - we can meet you anywhere in Perth Professional service with attention to detail Complete support from NOIM to marriage ceremony Transparent pricing with no hidden fees Available 24/7 by appointment Don’t let NOIM witnessing stress you out. Let our experienced team handle it professionally and efficiently, so you can focus on planning your special day. Book your NOIM witnessing or talk to a human about your needs. ### Notice of Intended Marriage (NOIM) – Lodge in Perth URL: https://themarriageoffice.au/noim/ Description: Detailed information on lodging your Notice of Intended Marriage (NOIM) in Western Australia. Learn about deadlines, required documents, and the legal process. Content: Notice of Intended Marriage (NOIM) – Lodge in Perth Detailed information on lodging your Notice of Intended Marriage (NOIM) in Western Australia. Learn about deadlines, required documents, and the legal process. The Notice of Intended Marriage (NOIM) is a legal document required under Australian law. It must be completed and lodged with your celebrant at least one month before your intended marriage date. The notice can be given up to 18 months before your planned marriage date. If you are ready to complete or download your NOIM, use NOIM Easy . Key Information Must be lodged at least one month before your marriage with your celebrant Valid for 18 months from the date of lodgement Must be completed accurately with no errors Can be completed electronically/digitally or by hand in BLOCK LETTERS Must be signed in the presence of a qualified witness Original documentation required to support all details When to Lodge Your NOIM The one-month notice period starts on the day your celebrant receives your completed and signed NOIM. For example: If lodged on 1 January, the earliest marriage date possible is 1 February If you want to marry on 15 March, you must lodge your NOIM by 14 February at the latest If you lodge a notice with your celebrant on January 31 on a leap year you can marry on February 29, or on a regular year, February 28. Note: In exceptional circumstances, this notice period may be shortened by applying to a prescribed authority. Additional fees apply. How to Complete Your NOIM Personal Details Required Full legal names Current address Date and place of birth Conjugal status (never married, divorced, widowed) Parent details (current names and birth names) Optional: Gender identity (you can choose to identify as female, male, or non-binary) Supporting Documentation Needed You must provide your celebrant with: Proof of date and place of birth: Birth certificate (original or certified copy), OR Current passport Proof of identity : Current driver licence Proof of age card Passport Other official photo ID If previously married : Divorce certificate, OR Death certificate of previous spouse Important Notes About Names Names must match your birth certificate exactly If your name differs from your birth certificate, you must provide evidence of name change: Change of name certificate Marriage certificate (if changed by previous marriage) Deed poll (if changed before BDM registries began issuing change of name certificates) Witnesses to Signatures If signing in Australia, your NOIM must be witnessed by: An authorised celebrant A justice of the peace A barrister or solicitor A legally qualified medical practitioner A member of the Australian Federal Police or state/territory police If signing overseas, it must be witnessed by: An Australian Consular Officer An Australian Diplomatic Officer A notary public An employee of the Australian Trade Commission Overseas Documentation If your documents are not in English: Must be translated by a NAATI accredited translator Both original documents and translations must be provided Translations must be certified Common Questions Q: Can the NOIM be submitted electronically ? A: Yes, you can email a scanned copy to your celebrant, but original documents must be sighted before the marriage. Q: What if we can’t get all documents in time? A: Discuss with your celebrant. You may need to make a statutory declaration explaining why certain documents are unavailable. Q: Can the one-month notice period be shortened? A: Yes, in exceptional circumstances. You’ll need to apply to a prescribed authority with valid reasons such as: Employment-related travel commitments Medical reasons Legal proceedings Error in giving notice Need Help? We’re here to assist you with completing your NOIM correctly. Common areas where people need help include: Understanding documentation requirements Confirming correct name usage Statutory declarations if documents are unavailable Translation requirements Shortening of time applications Remember: Providing false information on a NOIM is a criminal offence. All information must be accurate and true. Complete Or Download Your NOIM Use NOIM Easy to download or complete the Notice of Intended Marriage form as accurately as possible. Go To NOIM Easy ### One Month's Notice Guide URL: https://themarriageoffice.au/one-month-notice/ Description: Australian marriage law requires people getting married in Western Australia to give one month Content: One Month's Notice Guide Australian marriage law requires people getting married in Western Australia to give one month's notice to their celebrant or marriage office Under Australian marriage law, all couples planning to marry in Western Australia must lodge a Notice of Intended Marriage (NOIM) with their chosen celebrant at least one calendar month before their wedding ceremony. This is a legal requirement that applies throughout Western Australia and cannot be waived except in exceptional circumstances approved by a prescribed authority. The one-month notice period begins from the day your celebrant receives your completed and signed NOIM—not when you book the ceremony or pay a deposit. For example, if you lodge your NOIM on March 15th, the earliest date you can legally marry is April 15th. Important Notes for Perth Weddings Your NOIM must be lodged with a celebrant at the Marriage Office registered to perform marriages in Western Australia The notice period applies to all types of ceremonies (civil and religious) Special Circumstances If one partner is overseas: The notice period can still commence if one person signs the NOIM and provides all required details for both parties The overseas partner must sign the NOIM in the presence of the celebrant before the ceremony Your celebrant must verify that the absent party is aware of and consents to the marriage “Surprise weddings” are not permitted under Perth or Australian law Finding Your Wedding Date Use the guide below to determine the earliest possible date for your Perth wedding based on when you lodge your NOIM. The dates roll over to the next year for NOIMs lodged in December. Quick Navigation January February March April May June July August September October November December January If lodged on January 1 → Can marry on or from February 1 If lodged on January 2 → Can marry on or from February 2 If lodged on January 3 → Can marry on or from February 3 If lodged on January 4 → Can marry on or from February 4 If lodged on January 5 → Can marry on or from February 5 If lodged on January 6 → Can marry on or from February 6 If lodged on January 7 → Can marry on or from February 7 If lodged on January 8 → Can marry on or from February 8 If lodged on January 9 → Can marry on or from February 9 If lodged on January 10 → Can marry on or from February 10 If lodged on January 11 → Can marry on or from February 11 If lodged on January 12 → Can marry on or from February 12 If lodged on January 13 → Can marry on or from February 13 If lodged on January 14 → Can marry on or from February 14 If lodged on January 15 → Can marry on or from February 15 If lodged on January 16 → Can marry on or from February 16 If lodged on January 17 → Can marry on or from February 17 If lodged on January 18 → Can marry on or from February 18 If lodged on January 19 → Can marry on or from February 19 If lodged on January 20 → Can marry on or from February 20 If lodged on January 21 → Can marry on or from February 21 If lodged on January 22 → Can marry on or from February 22 If lodged on January 23 → Can marry on or from February 23 If lodged on January 24 → Can marry on or from February 24 If lodged on January 25 → Can marry on or from February 25 If lodged on January 26 → Can marry on or from February 26 If lodged on January 27 → Can marry on or from February 27 If lodged on January 28 → Can marry on or from February 28 If lodged on January 29 → Can marry on or from February 29 (leap year) / March 1 (non-leap year) If lodged on January 30 → Can marry on or from March 1 If lodged on January 31 → Can marry on or from March 2 February If lodged on February 1 → Can marry on or from March 1 If lodged on February 2 → Can marry on or from March 2 If lodged on February 3 → Can marry on or from March 3 If lodged on February 4 → Can marry on or from March 4 If lodged on February 5 → Can marry on or from March 5 If lodged on February 6 → Can marry on or from March 6 If lodged on February 7 → Can marry on or from March 7 If lodged on February 8 → Can marry on or from March 8 If lodged on February 9 → Can marry on or from March 9 If lodged on February 10 → Can marry on or from March 10 If lodged on February 11 → Can marry on or from March 11 If lodged on February 12 → Can marry on or from March 12 If lodged on February 13 → Can marry on or from March 13 If lodged on February 14 → Can marry on or from March 14 If lodged on February 15 → Can marry on or from March 15 If lodged on February 16 → Can marry on or from March 16 If lodged on February 17 → Can marry on or from March 17 If lodged on February 18 → Can marry on or from March 18 If lodged on February 19 → Can marry on or from March 19 If lodged on February 20 → Can marry on or from March 20 If lodged on February 21 → Can marry on or from March 21 If lodged on February 22 → Can marry on or from March 22 If lodged on February 23 → Can marry on or from March 23 If lodged on February 24 → Can marry on or from March 24 If lodged on February 25 → Can marry on or from March 25 If lodged on February 26 → Can marry on or from March 26 If lodged on February 27 → Can marry on or from March 27 If lodged on February 28 → Can marry on or from March 28 If lodged on February 29 (leap year only) → Can marry on or from March 29 March If lodged on March 1 → Can marry on or from April 1 If lodged on March 2 → Can marry on or from April 2 If lodged on March 3 → Can marry on or from April 3 If lodged on March 4 → Can marry on or from April 4 If lodged on March 5 → Can marry on or from April 5 If lodged on March 6 → Can marry on or from April 6 If lodged on March 7 → Can marry on or from April 7 If lodged on March 8 → Can marry on or from April 8 If lodged on March 9 → Can marry on or from April 9 If lodged on March 10 → Can marry on or from April 10 If lodged on March 11 → Can marry on or from April 11 If lodged on March 12 → Can marry on or from April 12 If lodged on March 13 → Can marry on or from April 13 If lodged on March 14 → Can marry on or from April 14 If lodged on March 15 → Can marry on or from April 15 If lodged on March 16 → Can marry on or from April 16 If lodged on March 17 → Can marry on or from April 17 If lodged on March 18 → Can marry on or from April 18 If lodged on March 19 → Can marry on or from April 19 If lodged on March 20 → Can marry on or from April 20 If lodged on March 21 → Can marry on or from April 21 If lodged on March 22 → Can marry on or from April 22 If lodged on March 23 → Can marry on or from April 23 If lodged on March 24 → Can marry on or from April 24 If lodged on March 25 → Can marry on or from April 25 If lodged on March 26 → Can marry on or from April 26 If lodged on March 27 → Can marry on or from April 27 If lodged on March 28 → Can marry on or from April 28 If lodged on March 29 → Can marry on or from April 29 If lodged on March 30 → Can marry on or from April 30 If lodged on March 31 → Can marry on or from May 1 April If lodged on April 1 → Can marry on or from May 1 If lodged on April 2 → Can marry on or from May 2 If lodged on April 3 → Can marry on or from May 3 If lodged on April 4 → Can marry on or from May 4 If lodged on April 5 → Can marry on or from May 5 If lodged on April 6 → Can marry on or from May 6 If lodged on April 7 → Can marry on or from May 7 If lodged on April 8 → Can marry on or from May 8 If lodged on April 9 → Can marry on or from May 9 If lodged on April 10 → Can marry on or from May 10 If lodged on April 11 → Can marry on or from May 11 If lodged on April 12 → Can marry on or from May 12 If lodged on April 13 → Can marry on or from May 13 If lodged on April 14 → Can marry on or from May 14 If 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May 24 → Can marry on or from June 24 If lodged on May 25 → Can marry on or from June 25 If lodged on May 26 → Can marry on or from June 26 If lodged on May 27 → Can marry on or from June 27 If lodged on May 28 → Can marry on or from June 28 If lodged on May 29 → Can marry on or from June 29 If lodged on May 30 → Can marry on or from June 30 If lodged on May 31 → Can marry on or from July 1 June If lodged on June 1 → Can marry on or from July 1 If lodged on June 2 → Can marry on or from July 2 If lodged on June 3 → Can marry on or from July 3 If lodged on June 4 → Can marry on or from July 4 If lodged on June 5 → Can marry on or from July 5 If lodged on June 6 → Can marry on or from July 6 If lodged on June 7 → Can marry on or from July 7 If lodged on June 8 → Can marry on or from July 8 If lodged on June 9 → Can marry on or from July 9 If lodged on June 10 → Can marry on or from July 10 If lodged on June 11 → Can marry on or from July 11 If lodged on June 12 → Can marry on or from July 12 If lodged on June 13 → Can marry on or from July 13 If lodged on June 14 → Can marry on or from July 14 If lodged on June 15 → Can marry on or from July 15 If lodged on June 16 → Can marry on or from July 16 If lodged on June 17 → Can marry on or from July 17 If lodged on June 18 → Can marry on or from July 18 If lodged on June 19 → Can marry on or from July 19 If lodged on June 20 → Can marry on or from July 20 If lodged on June 21 → Can marry on or from July 21 If lodged on June 22 → Can marry on or from July 22 If lodged on June 23 → Can marry on or from July 23 If lodged on June 24 → Can marry on or from July 24 If lodged on June 25 → Can marry on or from July 25 If lodged on June 26 → Can marry on or from July 26 If lodged on June 27 → Can marry on or from July 27 If lodged on June 28 → Can marry on or from July 28 If lodged on June 29 → Can marry on or from July 29 If lodged on June 30 → Can marry on or from July 30 July If lodged on July 1 → Can marry on or from August 1 If lodged on July 2 → Can marry on or from August 2 If lodged on July 3 → Can marry on or from August 3 If lodged on July 4 → Can marry on or from August 4 If lodged on July 5 → Can marry on or from August 5 If lodged on July 6 → Can marry on or from August 6 If lodged on July 7 → Can marry on or from August 7 If lodged on July 8 → Can marry on or from August 8 If lodged on July 9 → Can marry on or from August 9 If lodged on July 10 → Can marry on or from August 10 If lodged on July 11 → Can marry on or from August 11 If lodged on July 12 → Can marry on or from August 12 If lodged on July 13 → Can marry on or from August 13 If lodged on July 14 → Can marry on or from August 14 If lodged on July 15 → Can marry on or from August 15 If lodged on July 16 → Can marry on or from August 16 If lodged on July 17 → Can marry on or from August 17 If lodged on July 18 → Can marry on or from August 18 If lodged on July 19 → Can marry on or from August 19 If lodged on July 20 → Can marry on or from August 20 If lodged on July 21 → Can marry on or from August 21 If lodged on July 22 → Can marry on or from August 22 If lodged on July 23 → Can marry on or from August 23 If lodged on July 24 → Can marry on or from August 24 If lodged on July 25 → Can marry on or from August 25 If lodged on July 26 → Can marry on or from August 26 If lodged on July 27 → Can marry on or from August 27 If lodged on July 28 → Can marry on or from August 28 If lodged on July 29 → Can marry on or from August 29 If lodged on July 30 → Can marry on or from August 30 If lodged on July 31 → Can marry on or from August 31 August If lodged on August 1 → Can marry on or from September 1 If lodged on August 2 → Can marry on or from September 2 If lodged on August 3 → Can marry on or from September 3 If lodged on August 4 → Can marry on or from September 4 If lodged on August 5 → Can marry on or from September 5 If lodged on August 6 → Can marry on or from September 6 If lodged on August 7 → Can marry on or from September 7 If lodged on August 8 → Can marry on or from September 8 If lodged on August 9 → Can marry on or from September 9 If lodged on August 10 → Can marry on or from September 10 If lodged on August 11 → Can marry on or from September 11 If lodged on August 12 → Can marry on or from September 12 If lodged on August 13 → Can marry on or from September 13 If lodged on August 14 → Can marry on or from September 14 If lodged on August 15 → Can marry on or from September 15 If lodged on August 16 → Can marry on or from September 16 If lodged on August 17 → Can marry on or from September 17 If lodged on August 18 → Can marry on or from September 18 If lodged on August 19 → Can marry on or from September 19 If lodged on August 20 → Can marry on or from September 20 If lodged on August 21 → Can marry on or from September 21 If lodged on August 22 → Can marry on or from September 22 If lodged on August 23 → Can marry on or from September 23 If lodged on August 24 → Can marry on or from September 24 If lodged on August 25 → Can marry on or from September 25 If lodged on August 26 → Can marry on or from September 26 If lodged on August 27 → Can marry on or from September 27 If lodged on August 28 → Can marry on or from September 28 If lodged on August 29 → Can marry on or from September 29 If lodged on August 30 → Can marry on or from September 30 If lodged on August 31 → Can marry on or from October 1 September If lodged on September 1 → Can marry on or from October 1 If lodged on September 2 → Can marry on or from October 2 If lodged on September 3 → Can marry on or from October 3 If lodged on September 4 → Can marry on or from October 4 If lodged on September 5 → Can marry on or from October 5 If lodged on September 6 → Can marry on or from October 6 If lodged on September 7 → Can marry on or from October 7 If lodged on September 8 → Can marry on or from October 8 If lodged on September 9 → Can marry on or from October 9 If lodged on September 10 → Can marry on or from October 10 If lodged on September 11 → Can marry on or from October 11 If lodged on September 12 → Can marry on or from October 12 If lodged on September 13 → Can marry on or from October 13 If lodged on September 14 → Can marry on or from October 14 If lodged on September 15 → Can marry on or from October 15 If lodged on September 16 → Can marry on or from October 16 If lodged on September 17 → Can marry on or from October 17 If lodged on September 18 → Can marry on or from October 18 If lodged on September 19 → Can marry on or from October 19 If lodged on September 20 → Can marry on or from October 20 If lodged on September 21 → Can marry on or from October 21 If lodged on September 22 → Can marry on or from October 22 If lodged on September 23 → Can marry on or from October 23 If lodged on September 24 → Can marry on or from October 24 If lodged on September 25 → Can marry on or from October 25 If lodged on September 26 → Can marry on or from October 26 If lodged on September 27 → Can marry on or from October 27 If lodged on September 28 → Can marry on or from October 28 If lodged on September 29 → Can marry on or from October 29 If lodged on September 30 → Can marry on or from October 30 October If lodged on October 1 → Can marry on or from November 1 If lodged on October 2 → Can marry on or from November 2 If lodged on October 3 → Can marry on or from November 3 If lodged on October 4 → Can marry on or from November 4 If lodged on October 5 → Can marry on or from November 5 If lodged on October 6 → Can marry on or from November 6 If lodged on October 7 → Can marry on or from November 7 If lodged on October 8 → Can marry on or from November 8 If lodged on October 9 → Can marry on or from November 9 If lodged on October 10 → Can marry on or from November 10 If lodged on October 11 → Can marry on or from November 11 If lodged on October 12 → Can marry on or from November 12 If lodged on October 13 → Can marry on or from November 13 If lodged on October 14 → Can marry on or from November 14 If lodged on October 15 → Can marry on or from November 15 If lodged on October 16 → Can marry on or from November 16 If lodged on October 17 → Can marry on or from November 17 If lodged on October 18 → Can marry on or from November 18 If lodged on October 19 → Can marry on or from November 19 If lodged on October 20 → Can marry on or from November 20 If lodged on October 21 → Can marry on or from November 21 If lodged on October 22 → Can marry on or from November 22 If lodged on October 23 → Can marry on or from November 23 If lodged on October 24 → Can marry on or from November 24 If lodged on October 25 → Can marry on or from November 25 If lodged on October 26 → Can marry on or from November 26 If lodged on October 27 → Can marry on or from November 27 If lodged on October 28 → Can marry on or from November 28 If lodged on October 29 → Can marry on or from November 29 If lodged on October 30 → Can marry on or from November 30 If lodged on October 31 → Can marry on or from December 1 November If lodged on November 1 → Can marry on or from December 1 If lodged on November 2 → Can marry on or from December 2 If lodged on November 3 → Can marry on or from December 3 If lodged on November 4 → Can marry on or from December 4 If lodged on November 5 → Can marry on or from December 5 If lodged on November 6 → Can marry on or from December 6 If lodged on November 7 → Can marry on or from December 7 If lodged on November 8 → Can marry on or from December 8 If lodged on November 9 → Can marry on or from December 9 If lodged on November 10 → Can marry on or from December 10 If lodged on November 11 → Can marry on or from December 11 If lodged on November 12 → Can marry on or from December 12 If lodged on November 13 → Can marry on or from December 13 If lodged on November 14 → Can marry on or from December 14 If lodged on November 15 → Can marry on or from December 15 If lodged on November 16 → Can marry on or from December 16 If lodged on November 17 → Can marry on or from December 17 If lodged on November 18 → Can marry on or from December 18 If lodged on November 19 → Can marry on or from December 19 If lodged on November 20 → Can marry on or from December 20 If lodged on November 21 → Can marry on or from December 21 If lodged on November 22 → Can marry on or from December 22 If lodged on November 23 → Can marry on or from December 23 If lodged on November 24 → Can marry on or from December 24 If lodged on November 25 → Can marry on or from December 25 If lodged on November 26 → Can marry on or from December 26 If lodged on November 27 → Can marry on or from December 27 If lodged on November 28 → Can marry on or from December 28 If lodged on November 29 → Can marry on or from December 29 If lodged on November 30 → Can marry on or from December 30 December If lodged on December 1 → Can marry on or from January 1 (next year) If lodged on December 2 → Can marry on or from January 2 If lodged on December 3 → Can marry on or from January 3 If lodged on December 4 → Can marry on or from January 4 If lodged on December 5 → Can marry on or from January 5 If lodged on December 6 → Can marry on or from January 6 If lodged on December 7 → Can marry on or from January 7 If lodged on December 8 → Can marry on or from January 8 If lodged on December 9 → Can marry on or from January 9 If lodged on December 10 → Can marry on or from January 10 If lodged on December 11 → Can marry on or from January 11 If lodged on December 12 → Can marry on or from January 12 If lodged on December 13 → Can marry on or from January 13 If lodged on December 14 → Can marry on or from January 14 If lodged on December 15 → Can marry on or from January 15 If lodged on December 16 → Can marry on or from January 16 If lodged on December 17 → Can marry on or from January 17 If lodged on December 18 → Can marry on or from January 18 If lodged on December 19 → Can marry on or from January 19 If lodged on December 20 → Can marry on or from January 20 If lodged on December 21 → Can marry on or from January 21 If lodged on December 22 → Can marry on or from January 22 If lodged on December 23 → Can marry on or from January 23 If lodged on December 24 → Can marry on or from January 24 If lodged on December 25 → Can marry on or from January 25 If lodged on December 26 → Can marry on or from January 26 If lodged on December 27 → Can marry on or from January 27 If lodged on December 28 → Can marry on or from January 28 If lodged on December 29 → Can marry on or from January 29 If lodged on December 30 → Can marry on or from January 30 If lodged on December 31 → Can marry on or from January 31 Weather Considerations for Perth and Western Australia: Summer (December-February): Hot and dry weather with long daylight hours, perfect for outdoor ceremonies but consider shade and hydration Autumn (March-May): Mild and pleasant with comfortable temperatures, ideal for outdoor ceremonies Winter (June-August): Cool and wet with occasional rain, indoor venues or covered outdoor areas recommended Spring (September-November): Warm and pleasant with wildflower season, excellent for outdoor ceremonies Remember that Perth enjoys a Mediterranean climate with hot, dry summers and mild, wet winters. The weather is generally more predictable than other parts of Australia, but it’s still wise to have backup plans for outdoor ceremonies during the winter months. ### Can I Get Married Online? URL: https://themarriageoffice.au/online/ Description: Can you plan a legal online wedding? Our service provides expert guidance for couples seeking a simple, secure, and meaningful way to marry online. Content: Can I Get Married Online? Can you plan a legal online wedding? Our service provides expert guidance for couples seeking a simple, secure, and meaningful way to marry online. The Short Answer: No. Australian law requires that marriages must be conducted with both parties physically present at the same place, along with your celebrant and two witnesses. You cannot get legally married in Western Australia (or anywhere in Australia) via video call, online, or by proxy. What the Law Says The Marriage Act 1961 requires that: Both parties must be physically present at the marriage ceremony A registered celebrant must perform the ceremony in person Two witnesses (aged 18 or over) must be physically present All parties must sign physical marriage documents What You Can Do Online While you can’t get married online , you can complete many parts of the marriage process online: Book your marriage service through our website Submit your Notice of Intended Marriage documentation Make payments Have consultation meetings with your celebrant via video call Complete pre-marriage paperwork International Couples If you’re planning to marry in Western Australia but are currently overseas: You can start the process remotely Submit your Notice of Intended Marriage from overseas Have documents witnessed at an Australian embassy or consulate Book your ceremony date Plan everything via email or video call However, for the actual marriage ceremony, you will need to be physically present in Western Australia. Looking for a Simple Marriage Option ? While online marriage isn’t possible, we offer straightforward, simple marriage services that: Take minimal time Can be conducted at a location of your choice Are available 24/7 by appointment Require minimal preparation Remember: Any website or service claiming to offer legal online marriages in Australia is not legitimate. All legal marriages in Australia must be conducted in person. ### International Marriage URL: https://themarriageoffice.au/overseas-marriages/ Description: Plan your overseas wedding with ease. Our expert guidance on legal requirements, documentation and ceremony planning helps real couples celebrate abroad. Content: International Marriage Plan your overseas wedding with ease. Our expert guidance on legal requirements, documentation and ceremony planning helps real couples celebrate abroad. Most marriages legally performed overseas are recognised in Australia, including Western Australia You do not need to register an overseas marriage in Australia Your overseas marriage certificate is valid proof of marriage If your documents aren’t in English, you’ll need official translations Legal Recognition Your Marriage is Recognised If: It was legally performed in that country It would be legal under Australian law You have proper documentation Both parties were legally free to marry Not Recognised If: Either party was under 18 Either party was already married The marriage was between close relatives Proper consent wasn’t given It wasn’t legally performed in that country Documentation Needed Essential Documents: Original marriage certificate from country of marriage Official translation (if not in English) Proof of identity Evidence of place and date of marriage Translation Requirements: Must be by NAATI accredited translator Original documents plus translations Translations must be certified Both documents must be provided together Common Questions Q: Do I need to register my overseas marriage in Australia? A: No, overseas marriages don’t need to be registered here. Q: Will Australian authorities recognise my marriage certificate? A: Yes, if it’s a legal marriage certificate from that country. Q: What if I can’t get my original marriage certificate? A: Contact the relevant embassy or consulate for assistance. Using Your Overseas Marriage Certificate Your overseas marriage certificate can be used for: Changing your name Government documentation Legal purposes Immigration applications Australian identification Special Circumstances Lost Certificates Contact the country where you married Work through their embassy/consulate May need to obtain certified copies Allow time for processing Document Authentication Some situations might require: Apostille stamp Authentication by DFAT Consular authentication Additional certifications Need Help? We can assist with: Understanding recognition requirements Finding translation services Document verification guidance General advice about overseas marriages Note: While we can provide general information, specific legal questions should be directed to a legal professional. Important Reminders Keep original documents safe Get official translations if needed Check country-specific requirements Allow time for processing Consider getting certified copies For specific advice about your overseas marriage recognition, contact the appropriate government department or seek legal advice. ### International Weddings URL: https://themarriageoffice.au/overseas-residents/ Description: Find clear guidance for overseas residents getting married through Marriage Office. Learn about legal requirements and the application process. Content: International Weddings Find clear guidance for overseas residents getting married through Marriage Office. Learn about legal requirements and the application process. You Can Get Married in Western Australia If You Are: A tourist/visitor Student visa holder Working visa holder Any other visa type Not an Australian resident Not an Australian citizen No residency or citizenship requirements apply for getting married in Western Australia. Legal Requirements Essential Documentation : Valid passport Birth certificate (with official English translation if needed) Single status certificate or equivalent Any divorce/death certificates if previously married Notice of Intended Marriage (lodged at least one month before) Notice Period: Must lodge Notice of Intended Marriage 1-18 months before Cannot marry within one month of lodging Plan your travel accordingly Notice can be lodged from overseas Lodging from Overseas Your Notice of Intended Marriage must be signed in front of: An Australian Diplomatic Officer An Australian Consular Officer A notary public Other authorised persons as per Marriage Act Translation Requirements For non-English documents you need: NAATI accredited translations Original documents plus translations Both documents must be provided Allow time for translation process Visa Considerations Important Notes: Getting married doesn’t automatically grant visa rights Consult immigration authorities separately Marriage doesn’t guarantee residency Standard visa conditions still apply Separate process for partner visas Planning Your Marriage Timeline Considerations: Lodge Notice of Intended Marriage (1-18 months before) Arrange necessary translations Book marriage service Plan travel around notice period Arrange witnesses (or book our witness service) Witness Requirements: Two witnesses needed Must be 18 or over Can be provided by our office ($130) Can be any nationality Must understand English Costs Standard Fees : Simple Marriage Service: $700 (inc GST) Witness Service if needed: $130 (inc GST) Official Marriage Certificate: $70 (inc GST) Additional travel fees may apply Interpreter fees if required After the Marriage You’ll receive: Ceremonial marriage certificate on the day Option to order official certificate Legal marriage recognition worldwide Documentation suitable for overseas authorities Special Services Available Interpreter services (by arrangement) Witness provision Document translation guidance Flexible timing Various location options Common Questions Q: Can we arrange everything from overseas? A: Yes, most arrangements can be made remotely. Q: Do we need to be in Australia for the one-month notice period? A: No, only for the ceremony itself. Q: Can we use our marriage certificate overseas? A: Yes, Australian marriage certificates are internationally recognised. Need Help? We can assist with: Remote planning Documentation requirements Translation services Timing coordination General guidance Important Tips Start planning early Ensure documents are translated Check visa requirements separately Consider timing carefully Keep all original documents Make travel arrangements accordingly Information current as of January 2024. Requirements may vary based on individual circumstances and country of origin. Useful Contacts Department of Home Affairs (for visa queries) NAATI (for translations) Your country’s embassy in Australia Department of Foreign Affairs and Trade We’re here to help make your Western Australian marriage simple and stress-free, regardless of where you’re from. ### Paperwork-Only Marriage Ceremony in Perth URL: https://themarriageoffice.au/paperwork-only/ Description: Learn how a paperwork-only marriage ceremony works in Perth, WA. See what is included, how it compares with registry weddings, and what you need to get legally married. Content: Paperwork-Only Marriage Ceremony in Perth Learn how a paperwork-only marriage ceremony works in Perth, WA. See what is included, how it compares with registry weddings, and what you need to get legally married. If you want the legal marriage without planning a full wedding, a paperwork-only marriage ceremony is usually the simplest option in Perth. It gives you a fully legal Australian marriage while keeping the event brief, practical, and focused on the legal requirements. For many couples, this is the best fit when they want to be married without venue styling, guest logistics, or the cost of a traditional wedding day. Quick Answer A paperwork-only marriage ceremony in Perth usually means: a Commonwealth-registered celebrant the legally required marriage wording your legal vows signing the marriage documents two adult witnesses a ceremony that often takes about five to 10 minutes It is a real marriage. It is not a lesser version of marriage. It is simply the legal marriage without extra ceremonial elements. What Actually Happens at a Paperwork-Only Ceremony? The celebrant confirms your identity and documents, conducts the short legal ceremony, and completes the signing with you and your two witnesses. In practical terms, the ceremony is usually: The celebrant confirms everyone is present and ready. The celebrant says the legal wording required under Australian marriage law. Each person says the short legal vow. The marriage documents are signed. The celebrant registers the marriage. That is the core of it. No aisle, no speeches, no reception timeline, and no pressure to turn it into something bigger than you want. Who Chooses a Paperwork-Only Marriage in Perth? This option is popular with couples who: want a legal marriage first and a celebration later want a registry-style wedding without the government-office feel are saving for a home, travel, or other priorities need the marriage completed for practical or personal reasons want their friend or family member to lead a separate symbolic ceremony later are planning an overseas wedding or celebration and want the Australian legal marriage handled cleanly first Paperwork-Only vs Registry Wedding in Perth People often use these terms interchangeably, but they are not exactly the same. A registry wedding in Perth usually refers to marrying through the WA Registry of Births, Deaths and Marriages. A paperwork-only marriage ceremony usually refers to the same simple legal outcome, but performed by an authorised celebrant rather than at the registry. The result is the same legal marriage. The difference is the experience. With a celebrant-led paperwork-only ceremony, couples usually get: more flexibility with timing more flexibility with location clearer one-to-one support on documents and process the option to keep things very brief without feeling rushed If you want a deeper comparison, read Registry Wedding at the BDM vs The Perth Marriage Office . Is It the Same as a Courthouse Wedding? Not exactly, but it is often what Perth couples are actually looking for. In Western Australia, the courts do not run marriage ceremonies the way many people expect from American “courthouse wedding” terminology. If someone in Perth says they want a courthouse wedding, they usually mean one of these: a registry wedding at BDM a simple celebrant-led legal marriage a very short ceremony with only the legal wording and signatures That makes a paperwork-only marriage ceremony one of the closest practical answers to the “courthouse wedding Perth” search. Where Can a Paperwork-Only Marriage Happen? A paperwork-only marriage can happen almost anywhere suitable in Perth, including: Perth CBD your home a cafe a quiet office a park a private venue You do not need a formal wedding venue. You only need a place where the ceremony can be conducted properly and the documents can be signed comfortably. What Do We Need Before the Ceremony? Before you can marry, you still need to meet the normal legal requirements: a Notice of Intended Marriage lodged at least one calendar month beforehand proof of identity and date/place of birth divorce or death certificates if either person was previously married translations for documents that are not in English when required two witnesses aged 18 or over If you need help with witnesses, see the witness service . How Fast Can We Do It? The ceremony itself is quick, but Australian marriage law still applies. For most couples: the NOIM must be lodged at least one calendar month before the marriage date the ceremony can then be completed in a few minutes same-day legal marriage is only possible if a prescribed authority grants a shortening of time If your priority is speed, read Get Married Quickly in Perth . Is a Paperwork-Only Ceremony Right for You? This option is usually right if your main goal is to be legally married in Perth with as little fuss as possible. It may not be the right fit if you want: a longer ceremony personal vows rings and ceremony rituals a guest-focused wedding experience In that case, an elopement or full wedding ceremony may suit you better. Frequently Asked Questions Is a paperwork-only marriage ceremony legally valid in Australia? Yes. It is a fully legal Australian marriage when performed by an authorised celebrant and completed in line with the legal requirements. How long does a paperwork-only ceremony take? Most paperwork-only ceremonies take about five to 10 minutes once everyone is present and ready to sign. Do we still need witnesses? Yes. Australian law requires two witnesses aged 18 or over. Can we still have photos and celebrate later? Absolutely. Many couples keep the legal marriage simple, then hold a larger celebration later. Is this cheaper than a traditional wedding? Usually, yes. You are paying for the legal marriage service rather than a full ceremony and wedding-day setup. Current pricing is available on the pricing page . Book a Paperwork-Only Marriage in Perth If you want the legal marriage handled professionally and simply, start with the pricing , the NOIM guide , or book online . ### Photographers We Recommend URL: https://themarriageoffice.au/photographers/ Description: Find trusted Perth wedding photographers through Marriage Office. Capture your special day with professionals who specialise in simple, legal ceremonies. Content: Photographers We Recommend Find trusted Perth wedding photographers through Marriage Office. Capture your special day with professionals who specialise in simple, legal ceremonies. While we provide simple marriage services without the fuss of a traditional wedding, we understand you might want to capture the moment. Whether you’re signing papers in our office, meeting in a local café, or choosing a scenic spot in Perth or around Western Australia, these photographers understand our simple approach to marriage. These talented local photographers are experienced in capturing registry-style weddings and elopements. They specialise in natural, candid photography that suits the relaxed nature of our services. Many offer short-duration packages perfect for simple marriage ceremonies. What to Ask For Short-duration packages available in off peak times (1-2 hours) Understanding of registry-style marriage ceremony documentation Recommended Photographers By The Wilde Omar is a wedding and elopement photographer who creates emotionally charged images that evoke deep love, nostalgia, and romance. He focuses on capturing unscripted and honest moments, ensuring that each photograph reflects the true essence of the couple’s journey. RJ Visuals RJ is a wedding photographer and videographer who focuses on capturing memories that evoke deep emotions. He aims to provide an unforgettable experience, delivering authentic, captivating, and emotional films and photography. Clint & Bethanie Over a decade of experience, capturing genuine smiles and joyful moments. He aims to document the fun and shenanigans of weddings, providing couples with memories to cherish for years. Billy Button Photography Naomi, the photographer behind Billy Button Photography, has been capturing moments for over 15 years. She is deeply inspired by human connection and real moments, aiming to be a part of your family heritage. Based in southern Australia, she travels for elopements and family sessions. Edward Noel Photo Ed offers emotive and nostalgic photos for non-traditional lovers. He focuses on authentic and raw moments, striving to create a space where all love is welcome and affirmed. Fred and Hannah Specialising in wedding photography, Fred and Hannah capture genuine moments between couples. Their work has been featured in various publications, and they aim to provide images that reflect the true essence of the couples they photograph. Huemen Media Offering both photography and videography services, Huemen Media specialises in weddings, elopements, commercial, and corporate events. They aim to capture the essence of each moment, providing clients with lasting memories. Jess Oakenfull Weddings Jess is a wedding photographer who focuses on documenting real moments. She aims to make couples and their guests feel comfortable, capturing the day naturally and beautifully. Jon Gazzignato Jon specialises in non-traditional and intimate weddings, aiming to capture couples who dare to be different. He focuses on authentic moments, from quiet intimacy to deep belly laughs, striving to make every wedding as unique as possible. Kelsea Midson Based in Australia, Kelsea has been capturing weddings, elopements, and lovers since 2010. She is inspired by travel, light, emotions, and sincerity, aiming to photograph for the wanderers, dreamers, and lovers. LU & LO Lucy and Lochie are a couple who met through their mutual love for photography and adventure. They aim to take great photos of happy people who love each other, capturing fun, happy, candid, beautiful, and natural images. Mozoph Weddings Moz and Gi are passionate creatives who discovered their love for photography and videography during their travels. They believe in capturing the essence of each couple’s love story, aiming to create stunning visual memories that will be cherished for generations. Inside The Frame Moss, the photographer behind Inside The Frame, focuses on real, documentary-style photography that reveals moments with beauty and authenticity, aiming to capture honest, beautiful, and human images. Note: While we recommend these photographers based on their experience with our style of ceremonies, we are not affiliated with them and do not receive any commission. Please contact them directly to discuss their services and availability. Prices, packages, and availability should be confirmed directly with the photographers. ### Prenuptial Agreements URL: https://themarriageoffice.au/prenuptial/ Description: Get clear information on prenuptial agreements. Understand the legal aspects and benefits of securing your assets before marriage. Content: Prenuptial Agreements Get clear information on prenuptial agreements. Understand the legal aspects and benefits of securing your assets before marriage. What is a Prenuptial Agreement? In Australia, these are legally known as “Binding Financial Agreements” and can be made: Before marriage (prenuptial) During marriage (postnuptial) After separation or divorce Do You Need One? This is a personal decision. Consider a prenuptial agreement if you: Have substantial assets Own a business Expect a future inheritance Have children from previous relationships Want clarity about financial matters Have family trusts or complex financial arrangements Note: We cannot advise whether you need one - this is a personal legal decision. Legal Requirements For a binding financial agreement to be valid: Both parties must get independent legal advice Both lawyers must sign certificates of advice Agreement must be signed by both parties Must be properly drafted by a legal professional Full financial disclosure is required Cannot be made under duress What Can Be Included A prenuptial agreement typically covers: Division of property Financial support arrangements Asset protection Business interests Inheritance matters Superannuation Future earnings Debt responsibilities Timing Should be discussed well before marriage Must be finalised before wedding day Allows time for proper legal advice Prevents last-minute pressure Enables thorough consideration Getting a Prenuptial Agreement Step 1: Legal Advice Consult a family lawyer Understand your rights Get professional guidance Discuss your specific situation Step 2: Full Disclosure List all assets and debts Provide financial documentation Be honest and thorough Include future expectations Step 3: Negotiation Discuss terms with your partner Consider both parties’ needs Be fair and reasonable Allow time for consideration Step 4: Independent Legal Advice Both parties need separate lawyers Must get certificates of advice Understand all implications Ask questions if unsure Cost Considerations Legal fees for both parties Document preparation costs Independent advice fees Possible registration fees Future review costs Important Notes Cannot be arranged through our office Requires specialist legal advice Must be completed before marriage Can be challenged if improperly prepared Should be reviewed periodically Finding Legal Help Contact: Law Society of Western Australia Family law specialists Legal Aid WA Community legal centres Common Questions Q: Can we write our own agreement? A: No, it must be prepared by a legal professional to be binding. Q: Do both parties need lawyers? A: Yes, independent legal advice is mandatory. Q: Can it be changed later? A: Yes, but both parties must agree and get legal advice again. Our Role The Perth Marriage Office: Cannot provide legal advice Doesn’t arrange prenuptial agreements Can refer you to legal professionals Focuses on marriage services only Note: This information is general in nature and not legal advice. For specific advice about prenuptial agreements, please consult a qualified legal professional. Further Resources Family Court of Australia Federal Circuit Court Legal Aid WA Law Society of Western Australia ### Perth Registry-Style Wedding & Paperwork-Only Marriage Pricing URL: https://themarriageoffice.au/pricing/ Description: Clear Perth pricing for paperwork-only marriage ceremonies, registry-style weddings, witnesses, and certificates. Simple legal marriage services from $700. Content: Clear, Upfront, Simple Perth Marriage Pricing Clear pricing for paperwork-only marriage ceremonies, registry-style weddings, and related legal marriage services in Perth and Western Australia. Simple Marriage Quick, legal marriage service $ 700 one-time fee All legal paperwork completed Simple paperwork signing ceremony Sign paperwork in Perth or surrounding areas Professional celebrant Book Now Elopement Intimate ceremony $ 1200 one-time fee All Simple Marriage features Personal vows and ring exchange Location of your choice Ceremony planning assistance Flexible timing options Locations around Perth and Western Australia Available in off-peak times and days Book Now Wedding Ceremony Complete service $ 1800 one-time fee All Elopement features Full wedding ceremony Personalised ceremony created PA system for music and microphone so guests can hear Most locations around Perth and Western Australia Book Now Additional Services Optional extras to enhance your service Witness Service Two legal paperwork witnesses to attend your ceremony - $130 inc GST Official Certificate Official marriage certificate for legal marriage proof and name change purposes - $70 inc GST After Hours Service Available before 9am or after 9pm - $300 inc GST Regional Travel Service available throughout Western Australia - Price on application Interpreter Services Professional NAATI certified interpreters - Price on application 24/7 Availability Flexible timing to suit your schedule Pricing FAQs Common questions about our marriage services and pricing What payment methods do you accept? We accept Visa, Mastercard, AMEX, bank deposit, cash, and PayID for your convenience. When do I need to pay? Simple Marriage Services require full payment at booking. Elopements and Weddings require a $700 deposit, with the balance due one month before the ceremony. What is your cancellation policy? We offer a 48-hour cooling-off period with full refund available. Witness services are non-refundable once booked. Are there any hidden fees? No. Our prices include GST and all required services. Optional add-ons are clearly priced and only charged if you choose to include them. Do you charge travel fees? Travel fees may apply for locations outside of Perth. We provide a quote for this when you book. Get Married Start on the best journey you'll ever take: being married Get started now ### Privacy Policy URL: https://themarriageoffice.au/privacy/ Description: Review our privacy policy to see how Marriage Office protects your personal information. Clear, honest details for a secure experience. Content: Privacy Policy Review our privacy policy to see how Marriage Office protects your personal information. Clear, honest details for a secure experience. Introduction The Marriage Office (operated by Withers XYZ Pty Ltd as trustee for the Snow Withers Trust) is committed to protecting your privacy and personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. This policy explains how we collect, use, disclose and protect your personal information when you use our marriage services or interact with our website. For privacy enquiries, please contact: goldcoast@paperwork.net.au What Information We Collect As required by the Marriage Act 1961 , we collect personal information including: Names and contact details Birth dates and places Identification documents Previous marriage details (if applicable) Parent information Residency/citizenship status Statutory declarations where required Witness information Marriage documentation How We Collect Information We collect information: Through our Notice of Intended Marriage forms Via our website booking forms During in-person, phone, or video meetings Through email correspondence From identity documents Through required legal documentation How We Use Your Information Your information is used to: Process your Notice of Intended Marriage Conduct legal marriage services Register marriages with Births, Deaths and Marriages Provide certificates and documentation Communicate about your marriage service Comply with legal obligations Process payments Disclosure of Information As required by law, we provide marriage documentation to: Registry of Births, Deaths and Marriages Australian Bureau of Statistics (non-identifying information only) Other government agencies as legally required We may also share information with: Our authorised celebrants Approved witnesses (when arranged through our service) Interpreters (when required and arranged through our service) Security of Your Information We implement appropriate security measures to protect your personal information, including: Secure storage of physical documents Password protection of electronic files Limited staff access to personal information Secure transmission of electronic data Regular security updates Access to Your Information You can request access to your personal information by contacting our office. We will provide access unless restricted by law. Required Information Under the Marriage Act 1961 , certain information must be provided to proceed with marriage services. We cannot conduct marriages without required documentation. Changes to This Policy We may update this policy periodically. Changes take effect immediately upon posting to our website. Complaints Privacy complaints can be directed to: Email: goldcoast@paperwork.net.au Mail: 58 Barrack St, Perth, WA, 6000 Website Usage Our website collects minimal information required to process bookings and enquiries. We do not use cookies or tracking tools. Third-Party Services Payment processing is handled by secure third-party providers subject to their own privacy policies. Last updated: January 2025 ### Prospective Marriage Visa Support URL: https://themarriageoffice.au/prospective-marriage-visa/ Description: Find clear guidance on prospective marriage visas. Learn about eligibility, requirements, and steps for a smooth application process. Content: Prospective Marriage Visa Support Find clear guidance on prospective marriage visas. Learn about eligibility, requirements, and steps for a smooth application process. About Prospective Marriage Visas The Prospective Marriage visa (subclass 300): Allows you to enter Australia to marry your fiancé Is valid for 9 months from grant date Requires you to marry within that period Enables you to then apply for a Partner visa Must be applied for while outside Australia Our Support Services The Perth Marriage Office provides: Official NOIM lodgement Supporting documentation Fiancé Visa Letter Marriage ceremony booking Professional guidance What We Provide Documentation Notice of Intended Marriage (NOIM) Official Fiancé Visa Letter Confirmation of marriage booking Celebrant statements Ceremony details Support Services Guidance with paperwork Flexible ceremony dates Document witnessing Marriage registration Timeline planning Important Notes We can help with marriage documentation, but: We don’t provide migration advice We can’t guarantee visa approval Immigration decisions are separate Consult migration agents for visa advice Additional requirements may apply Process Timeline Lodge your NOIM (up to 18 months ahead) Receive Fiancé Visa Letter Apply for visa Plan marriage within 9-month visa period Complete marriage ceremony Apply for Partner visa Requirements For Our Services Completed NOIM Identity documents Birth certificates/passports Translation if needed Payment of fees Immigration Requirements Meet Department of Home Affairs criteria Health and character checks Genuine relationship evidence Ability to marry legally Financial requirements Fees Our Services Standard marriage service: $700 (inc GST) Witness service if needed: $130 (inc GST) Marriage certificate: $70 (inc GST) No extra charge for visa letter Visa fees are separate and paid to Department of Home Affairs Planning Your Marriage Choose ceremony date within visa period Allow time for paperwork Consider processing times Book early to ensure availability Plan for witness requirements Common Questions Q: How soon can I get the documentation? A: Usually within 1-2 business days after NOIM lodgement. Q: Can I lodge the NOIM from overseas? A: Yes, with proper witnessing. Q: What if my visa processing takes longer? A: We can adjust ceremony dates if needed. Need Help? We can assist with: Marriage documentation Ceremony booking Timeline planning Document requirements General guidance Useful Contacts Department of Home Affairs Registered Migration Agents Australian Embassy/Consulate Translation services Note: This information is about marriage services only. For visa advice, consult the Department of Home Affairs or a registered migration agent. Next Steps Ready to proceed? Contact us to begin NOIM process Provide required documentation Receive supporting letters Plan your ceremony Progress with visa application Information current as of January 2025. Visa requirements may change - always check current immigration policies. ### Registry Wedding at WA BDM vs The Perth Marriage Office URL: https://themarriageoffice.au/registry-vs-the-marriage-office/ Description: Compare a WA BDM registry wedding with the Perth Marriage Office. See the differences in flexibility, witnesses, support, and what couples searching for a simple legal marriage in Perth should know. Content: Registry Wedding at WA BDM vs The Perth Marriage Office Compare a WA BDM registry wedding with the Perth Marriage Office. See the differences in flexibility, witnesses, support, and what couples searching for a simple legal marriage in Perth should know. If you want a simple legal marriage in Perth, you are usually comparing two practical paths: a registry wedding at the WA Registry of Births, Deaths and Marriages a simple celebrant-led legal marriage through the Perth Marriage Office Both options result in a legal Australian marriage. The main differences are flexibility, support, and how the experience feels on the day. Quick Comparison Feature WA Registry (BDM) Perth Marriage Office Legal result Legal Australian marriage Legal Australian marriage Style Registry wedding Registry-style or paperwork-only marriage Location Registry office Perth CBD or your chosen suitable location Timing Set appointment availability More flexible appointment options Support Government process Direct celebrant guidance Witnesses Usually arrange your own Bring your own or book our witness service Atmosphere Standard registry setting Simple, professional, and more personal What Stays the Same Whether you marry at BDM or with an authorised celebrant, you still need: a Notice of Intended Marriage lodged at least one calendar month beforehand the right identity and supporting documents two witnesses aged 18 or over both people present in person So the question is not which one is “more legal”. The question is which process suits you better. Why Couples Choose the WA Registry The WA registry may suit you if you want: a government-run process a registry office setting a standardised appointment format For some couples, that is exactly what they want: short, official, and simple. Why Couples Choose the Perth Marriage Office The Perth Marriage Office may suit you if you want: a registry-style wedding without being limited to a government office a paperwork-only marriage ceremony in Perth CBD or another suitable location clearer support when handling documents and questions a short ceremony that still feels calm and personal the option to organise witnesses if you need them This is especially useful for couples who searched for: registry wedding Perth courthouse wedding Perth paperwork-only marriage ceremony Perth because the celebrant option usually matches the simplicity they want while offering more flexibility. Common Reasons Couples Prefer a Celebrant-Led Option They want to marry somewhere that is meaningful or simply more convenient. They want a registry-style ceremony without the government-office feel. They want direct communication and support before the ceremony. They want to keep things minimal while still making the day feel considered. Which Is Better for a Paperwork-Only Marriage? If your priority is “just the legal marriage, done properly”, both options can work. The celebrant-led option is often better when you want the legal simplicity of a registry wedding but also want: better location flexibility easier communication clearer help with the process If you want to understand that style better, read Paperwork-Only Marriage Ceremony in Perth . Which Is Better for a “Courthouse Wedding” Search? For Perth couples, a celebrant-led paperwork-only marriage is often the closest practical answer to the courthouse wedding idea. That is because it gives you: a short legal ceremony no unnecessary extras a simple signing process more flexibility than a fixed registry office appointment Ready to Compare the Next Step? See pricing Learn how to get married quickly in Perth Read the courthouse wedding Perth guide Book online Frequently Asked Questions Is a marriage at the Perth Marriage Office legally the same as a registry wedding? Yes. Both are legal Australian marriages when completed correctly. Do we still need to wait one month? Yes. The legal notice period still applies unless a prescribed authority grants a shortening of time . Can we keep the ceremony very short? Yes. Many couples choose a paperwork-only ceremony that takes about five to 10 minutes once everyone is present. Can we choose our own location with a celebrant? Yes. That is one of the main differences compared with a registry office booking. ### Legal Marriage Requirements URL: https://themarriageoffice.au/requirements/ Description: Find clear marriage requirements with Marriage Office. Learn about legal documents, eligibility, and steps needed for a smooth wedding process. Content: Legal Marriage Requirements Find clear marriage requirements with Marriage Office. Learn about legal documents, eligibility, and steps needed for a smooth wedding process. Essential Requirements To get married legally in Western Australia , both parties must: Be at least 18 years old (or have special court approval if aged 16-17) Not be married to someone else Not be marrying a close relative Understand what marriage means Freely consent to the marriage Give at least one month’s notice of intention to marry Be physically present at the ceremony Notice of Intended Marriage Must be lodged at least one month before your wedding date Can be lodged up to 18 months in advance Must be signed in front of an authorised witness Can be submitted from overseas if properly witnessed Shortening of the one-month notice period is possible in exceptional circumstances Required Documentation Proof of Identity You must provide either: A current passport, OR Birth certificate plus photo ID (such as driver’s licence) If Previously Married You must provide: Divorce certificate, OR Death certificate of previous spouse Foreign Language Documents All documents not in English must be translated Translations must be by a NAATI accredited translator Original documents plus translations must be provided The Marriage Ceremony Your marriage ceremony must have: An authorised marriage celebrant Two witnesses aged 18 or over The required legal statements as per the Marriage Act All parties physically present All required documentation completed and signed After the Ceremony You’ll receive a ceremonial marriage certificate on the day Your marriage will be registered with Births, Deaths and Marriages Western Australia You can order an official marriage certificate if needed Your marriage will be legally recognised throughout Australia Special Circumstances Interpreters Required if either party doesn’t understand English Must be NAATI accredited Cannot be one of the witnesses Must complete a statutory declaration Minors (16-17 years) Court order required Parental consent needed Special application process Additional documentation required Legal Recognition Marriages performed in Western Australia are: Legally valid throughout Australia Recognised internationally (in most countries) Registered with the Western Australian Registry of Births, Deaths and Marriages Need More Information? If you have questions about legal requirements or need assistance with your marriage documentation, contact us. We help couples navigate the legal requirements every day and can ensure your marriage meets all legal requirements. ### Shortening of NOIM Time in Western Australia URL: https://themarriageoffice.au/shortening-of-time/ Description: Learn how to apply for a shortening of time for your marriage. Find clear info on eligibility, required documents, and the application process. Content: Shortening of NOIM Time in Western Australia Learn how to apply for a shortening of time for your marriage. Find clear info on eligibility, required documents, and the application process. Important - Please Read First: Before considering a shortening of time application, you must understand several key points: The Notice of Intended Marriage (NOIM) must be lodged first with The Marriage Office before any shortening of time can be considered. We must receive and process your NOIM All required identity documents must be provided Only then can you proceed with a shortening application The Marriage Office cannot : Apply for a shortening on your behalf Guarantee any outcome Influence the authority’s decision Override a rejection Submit documentation for you Shortenings are never guaranteed and are at the complete discretion of the prescribed authority. The Five Official Categories The Marriage Regulations outline five specific categories under which a shortening may be considered. Here they are in detail: 1. Employment-Related or Other Travel Commitments This category may apply when: Employment requires urgent interstate/overseas relocation Military deployment or posting Work visa requirements Essential work commitments that cannot be changed Pre-booked travel arrangements that cannot be altered Supporting evidence might include: Employer letters on company letterhead Contract of employment showing dates Military orders Travel itineraries and paid bookings Visa documentation Evidence of why dates cannot be changed 2. Wedding or Celebration Arrangements This category focuses on: Religious/cultural dates of significance Overseas family members already in Australia Venue and supplier commitments Religious ceremonies that must occur on specific dates Significant family events already scheduled Required evidence could include: Paid bookings and contracts Travel itineraries for family members Religious documentation Evidence of financial commitments Proof of why arrangements cannot be altered 3. Medical Reasons Applicable for: Terminal illness of either party Terminal illness of immediate family member Medical procedures that affect timing Pregnancy complications Health conditions requiring urgent marriage Supporting documentation needed: Medical certificates Doctor’s letters Hospital documentation Specialist reports Evidence of procedures/treatments 4. Legal Proceedings May apply when: Legal matters require urgent marriage Court orders affect timing Legal residency issues Visa status changes Other legal requirements Evidence required: Court documentation Legal correspondence Solicitor’s letters Relevant legal orders Immigration documentation 5. Error in Giving Notice This applies only when: A celebrant error has occurred Administrative errors in lodgement Lost or damaged NOIM through no fault of couple Incorrect advice given by an authority Other legitimate errors in notice timing Must be supported by: Documentary evidence of error Correspondence showing mistake Original documentation Evidence of incorrect advice Application Process Lodge NOIM with The Marriage Office Complete all paperwork Provide identity documents Pay standard fees Receive confirmation of lodgement Prepare Your Application Gather substantial supporting evidence Write detailed explanation Collate all documentation Ensure all copies are certified if required Contact Prescribed Authority In Perth and Western Australia: Magistrates Court of Western Australia, OR Registry of Births, Deaths and Marriages Western Australia Make an appointment and check current fees Submit Application in Person Attend your appointment Present all evidence Pay application fee Be prepared to answer questions Await Decision Usually same day Decision is final No appeal process If rejected, standard one-month notice applies Our Role The Marriage Office will: Accept and process your NOIM Provide information about the process Answer questions about documentation Guide you on requirements We cannot: Make applications on your behalf Influence decisions Guarantee outcomes Provide legal advice Submit documentation for you Important Notes Each case is assessed individually Previous approvals do not set precedent Strong evidence is essential Full fees apply regardless of outcome Decisions are final and cannot be appealed Contact Us For initial guidance about shortening of time requirements contact The Marriage Office. ### Simple Marriage Service in Perth URL: https://themarriageoffice.au/simple-marriage-service/ Description: A simple marriage service in Perth, WA. Learn what is included in our registry-style legal marriage option, how it works, and who it suits. Content: Simple Marriage Service in Perth A simple marriage service in Perth, WA. Learn what is included in our registry-style legal marriage option, how it works, and who it suits. A simple marriage service is the most straightforward way to get legally married in Perth without planning a full traditional wedding. It is a registry-style legal marriage focused on the paperwork, the required legal wording, and getting the marriage completed properly. Understanding Your Options Simple Marriage Service ($700 inc GST) Our most basic service provides just the legal requirements: Signing legal paperwork Making required legal declarations Having two witnesses present No ceremony elements Usually takes about 10-15 minutes on the day Focus on legal requirements only Elopement Service ($1200 inc GST) Adds ceremonial elements to make it more special: Short but meaningful ceremony Personal vows if desired Ring exchange if desired More intimate and romantic Takes about 30-45 minutes Includes all legal requirements Wedding Ceremony ($1800 inc GST) A traditional wedding ceremony with a Perth marriage celebrant includes: Complete customised ceremony Full wedding party if desired Traditional elements Formal vows and ring exchange Guest participation Takes about 60-90 minutes Includes all legal requirements What’s Included in a Simple Marriage Service Your $700 (inc GST) fee covers: All legal paperwork completed correctly Notice of Intended Marriage lodgement Professional Commonwealth-registered celebrant Simple signing ceremony Marriage registration Ceremonial marriage certificate Flexible location options Available 24/7 by appointment Optional Add-ons Witness service ($130 inc GST) Official marriage certificate ($70 inc GST) After-hours service ($300 inc GST for times before 9am/after 9pm) Interpreter services (price on application) Regional travel (price on application) The Process Book Online Complete our booking form Pay the service fee Choose your preferred date (at least one month ahead) Select your location Documentation We help prepare your Notice of Intended Marriage Guide you through required documentation Ensure all legal requirements are met The Marriage Service Takes approximately 15-20 minutes Legal declarations are made Documents are signed Two witnesses required No ceremony or vows needed Just the legal requirements Location Options Choose from: Our Perth office Local café or restaurant Public park or garden Your chosen venue Anywhere in Western Australia (travel fees may apply) No need for: Venue hire Decorations Seating Altar or arch Special setup Is a Simple Marriage Service Right for You? Perfect for couples who: Want a quick, simple marriage Prefer to avoid traditional ceremonies Need to marry promptly Plan to celebrate later Require marriage for legal/administrative purposes Want to save on wedding costs Have time constraints Prefer privacy What to Bring Photo identification Birth certificates or passports Divorce/death certificates (if applicable) Two witnesses (or book our witness service) Required documentation as advised Payment if not made online Important Notes One month notice period required by law Both parties must attend in person No religious or cultural elements included No rings or vows required Witnesses must be 18 or older All documentation must be in English or officially translated After the Service You’ll receive a ceremonial marriage certificate Marriage is registered with Births, Deaths and Marriages Western Australia Official certificate can be ordered if needed Legally married immediately after signing Cancellation Policy 48-hour cooling-off period with full refund No refund for witness service once booked Changes subject to availability Common Questions How long does it take? Usually about 10-15 minutes for the appointment, with the legal ceremony itself often taking only a few minutes. Do we need to dress up? No dress code - wear whatever you’re comfortable in. Can we have guests? Yes, but remember this is a signing service, not a ceremony. Can we take photos? Yes, you’re welcome to take photos during the signing. Book Your Simple Marriage Service Ready to proceed? You can: Book online Email us at goldcoast@paperwork.net.au Start your Notice of Intended Marriage Ask any questions about the process Our simple marriage service gives Perth couples a professional, registry-style legal marriage without the cost or complexity of a full wedding day. ### Terms and Conditions URL: https://themarriageoffice.au/terms/ Description: Review our terms and conditions for Marriage Office services. Understand your rights and responsibilities with clear, straightforward legal information. Content: Terms and Conditions Review our terms and conditions for Marriage Office services. Understand your rights and responsibilities with clear, straightforward legal information. Last updated : January 19, 2025 Please Read These Terms and Conditions Carefully Before Using This Site Who We Are and How to Contact Us The Marriage Office is operated by Withers XYZ Pty Ltd as trustee for the Snow Withers Trust (referred to as “we”, “us”, or “our”). We are a registered business in Australia providing marriage services throughout Western Australia. To contact us, please email goldcoast@paperwork.net.au . By Using Our Site, You Accept These Terms By using our Site, you confirm that you accept these terms of use and agree to comply with them. If you do not agree to these terms, you must not use our Site or our services. We May Make Changes to These Terms We amend these terms from time to time. Every time you use our Site or our services, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on January 2025 . Our Services and Site Changes We may update and change our Site and services to reflect changes to our marriage services, legal requirements, users’ needs, or business priorities. Service Availability Our marriage services are available by appointment, 24/7. While our Site is made available free of charge, our marriage services are provided at advertised fees. We reserve the right to modify or withdraw services for business or operational reasons and will provide reasonable notice when possible. Eligibility for Marriage Services Our services are available to those legally eligible to marry under Australian law. While our Site is accessible internationally, our marriage services are provided only within Western Australia. Handling of Personal Information Personal information collected through our forms and services is handled in accordance with Australian privacy laws and marriage legislation. We maintain strict confidentiality of all marriage-related documentation and personal information. Marriage Bookings and Payments All marriage service bookings require payment as specified on our Site. Cancellation and refund policies apply as stated in our booking terms. Intellectual Property Rights All intellectual property rights in our Site and service materials belong to The Marriage Office. You may not use our content, forms, or materials for commercial purposes without permission. Information Accuracy While we strive to provide accurate information about marriage services and requirements, you should verify current legal requirements with appropriate authorities. Our content is for general information only. Limitation of Liability Our liability is limited to the extent permissible under Australian Consumer Law. We maintain appropriate professional indemnity insurance for our marriage services. Marketing and Testimonials You agree that we may use wedding photographs or testimonials you provide, with your permission, for marketing purposes. Service Area Our marriage services are provided throughout Western Australia. Travel fees may apply for services outside our standard service areas. Governing Law These terms are governed by Australian law, particularly the Marriage Act 1961 and associated regulations. Any disputes will be subject to the jurisdiction of Australian courts. Professional Standards Our celebrants maintain registration with the Attorney-General’s Department and comply with all relevant legislation and professional standards. ### Interpreters and Translators URL: https://themarriageoffice.au/translation/ Description: Guidance on marriage document translation. Learn the requirements for official translations to ensure a smooth legal marriage process. Content: Interpreters and Translators Guidance on marriage document translation. Learn the requirements for official translations to ensure a smooth legal marriage process. When You Need an Interpreter An interpreter is required if either person getting married: Does not speak English Has limited English proficiency Cannot understand the legal requirements Cannot communicate clearly with the celebrant Marriage ceremonies cannot proceed without an interpreter if one is required. Legal Requirements for Interpreters Your interpreter must: Be NAATI (National Accreditation Authority for Translators and Interpreters) accredited Not be one of the parties getting married Complete a statutory declaration about their qualifications Sign a Certificate of Faithful Performance Booking an Interpreter Through Our Office We can arrange a qualified interpreter Additional fees apply Book well in advance Available for all languages Using Your Own Interpreter They must: Provide proof of NAATI accreditation Be available for the entire ceremony Arrive early to complete documentation Not be a family member of either party Document Translation When Translation is Required You need official translations if your documents are not in English: Birth certificates Passports Divorce papers Death certificates Any other official documentation Translation Requirements Must be completed by NAATI accredited translator Original documents plus translations required Translations must be certified Both original and translation must be provided Cost and Booking Interpreter Fees Prices vary based on language and duration Minimum booking periods apply Travel costs may be added Quote provided upon request Translation Fees Charged per document Rates vary by language Certification costs extra Allow time for processing Finding a Translator Approved translations can be obtained through: NAATI website Approved translation services Australian embassies overseas Professional translation agencies Important Notes Book interpreters well in advance Allow time for document translation Keep copies of all translations Bring original documents to the ceremony Additional time needed for interpreter-assisted ceremonies Online Translation Not Accepted The following are NOT accepted: Google Translate Machine translations Non-certified translations Translations by non-accredited translators Family member translations Need Help? We can assist with: Finding qualified interpreters Document translation services Understanding requirements Booking arrangements Cost estimates Note: All fees for interpretation and translation services are in addition to our standard marriage service fees. Contact us for current pricing and availability. ### Venues for Simple Marriages URL: https://themarriageoffice.au/venues/ Description: Explore Western Australian simple wedding venues available through Marriage Office. Find clear details on locations to suit your simple, legal, and stress-free ceremony. Content: Venues for Simple Marriages Explore Western Australian simple wedding venues available through Marriage Office. Find clear details on locations to suit your simple, legal, and stress-free ceremony. When choosing a location for your simple paperwork-only or elopement marriage ceremony in Perth , you don’t need permits or special bookings as these are not traditional wedding ceremonies. Here are our recommended spots for a quick, meaningful marriage service. Cafes Suitable for Elopements La Veen Coffee - Perth CBD, WA A stylish and modern café in the heart of the city, perfect for intimate ceremonies. Little Way - Nedlands, WA A charming café with a relaxed atmosphere and leafy surrounds. Mary Street Bakery - Highgate, WA A popular bakery café with a vibrant vibe and delicious treats. Gordon St. Garage - West Perth, WA A converted garage with a unique industrial feel and plenty of space. Moore & Moore Café - Fremantle, WA A quirky, art-filled café in a heritage building, ideal for small gatherings. The Little Bay - Watermans Bay, WA A coastal café with beautiful ocean views, perfect for a relaxed ceremony. Public Free Venues for Elopements Kings Park and Botanic Garden - Perth, WA Iconic parklands with stunning city views and beautiful gardens. South Perth Foreshore - South Perth, WA Riverside lawns with panoramic views of the Perth skyline. Cottesloe Beach - Cottesloe, WA A classic WA beach with white sand and Indian Ocean sunsets. Hyde Park - North Perth, WA A tranquil park with lakes, shady trees, and open lawns. John Oldham Park - Perth, WA A hidden gem with waterfalls, bridges, and lush greenery. Fremantle Esplanade - Fremantle, WA A lively park near the port, perfect for a casual outdoor ceremony. Matilda Bay Reserve - Crawley, WA Riverside lawns with views of the Swan River and city. Bold Park - City Beach, WA Natural bushland with walking trails and city views. Each venue or café has its unique charm, so it’s worth visiting these locations to choose the one that best suits your vision for the day. Note: These venues are suggestions only. No bookings or permits are required as these are simple marriage services, not traditional wedding ceremonies. However, for café venues, we recommend making a standard table booking for the number of people attending. For any venue you choose, please be respectful of other people using the space and be aware that public spaces cannot be reserved exclusively for your ceremony. ### Who Can Get Married in Western Australia? URL: https://themarriageoffice.au/who/ Description: Paperwork-only marriage ceremonies, registry-style weddings, and simple legal marriage services in Perth, Western Australia. Content: Who Can Get Married in Western Australia? Basic Requirements To get married in Western Australia , you must: Be at least 18 years old Not be married to someone else Not be marrying a close relative Understand what marriage means Freely consent to the marriage Lodge notice at least one month before Have two witnesses present Age Requirements Adults (18+) Can marry without additional approval Must provide proof of age Standard documentation required Under 18 Must be at least 16 years old Requires court approval Needs parental consent Special application process Additional documentation required Cannot marry if under 16 Citizenship & Residency You can get married in Western Australia if you are: Australian citizen Permanent resident Tourist/visitor Student visa holder Any other visa category No residency or citizenship requirements apply Who Cannot Get Married Marriage is not permitted if: Either person is currently married You’re closely related by blood or adoption Either person is under 16 Either person cannot give consent Documentation requirements aren’t met Notice period hasn’t been observed Close Relatives Marriage is not permitted between: Parent and child Brother and sister Grandparent and grandchild Half-siblings Adopted siblings or children Mental Capacity Both parties must: Understand what marriage means Be able to consent freely Make their own decisions Comprehend the ceremony Be able to communicate consent Previous Marriage If previously married, you must: Provide proof of divorce Show death certificate if widowed Ensure previous marriage is legally ended Wait required time periods Have proper documentation International Couples You can get married in Western Australia if: At least one person is 18+ You meet all other requirements Your documentation is in order You provide certified translations You observe the notice period Same-Sex Marriage Legal since December 2017 Same requirements as all marriages Equal recognition under law No additional requirements Full legal status Religious Considerations No religious requirements Civil ceremonies available Religious ceremonies optional No religious testing Personal choice respected Location Requirements You can get married: Anywhere in Western Australia In any suitable venue At any time of day Any day of the week Subject to celebrant availability Need Help? We can assist with: Checking eligibility Understanding requirements Documentation guidance Planning your marriage Special circumstances Note: While we can provide general guidance, we cannot offer legal advice. For complex legal matters, please consult a legal professional. Important Reminders Check all requirements early Plan for notice period Gather documentation Arrange witnesses Consider translation needs Book well in advance ### Wedding Witness Service in Perth URL: https://themarriageoffice.au/witness-service/ Description: Professional wedding witness service in Perth. We provide reliable, legal witnesses for your marriage ceremony when you don Content: Wedding Witness Service in Perth Professional wedding witness service in Perth. We provide reliable, legal witnesses for your marriage ceremony when you don't have friends or family available. Witness Service in Perth Need witnesses for your wedding ceremony in Perth? The Perth Marriage Office provides professional witness services when you don’t have friends or family available, or when you prefer to keep your ceremony completely private. Authorised Commonwealth Marriage Celebrant. Serving Perth and Fremantle / Perth. What We Provide Our witness service includes: One or two professional witnesses as required by law Reliable, punctual attendance at your ceremony Proper identification and legal capacity to witness Understanding of the legal requirements for marriage witnesses Discrete, professional presence that won’t interfere with your ceremony Legal Requirements for Witnesses Under Australian marriage law, every marriage ceremony requires two witnesses who must: Be 18 years or older Understand English sufficiently to understand the ceremony Be mentally capable of understanding what they’re witnessing Not be under the influence of alcohol or drugs Sign the marriage documents after the ceremony Our Witness Service Fee Professional Witness Service : $130 inc GST What’s Included : One or two witnesses as needed Attendance at your ceremony location Proper identification and legal capacity Signing of all required documents Professional, discrete service Who Uses Our Witness Service? Our witness service is perfect for: Elopement couples who want complete privacy International couples without local friends or family Couples with family conflicts who prefer neutral witnesses Last-minute ceremonies where friends can’t attend Intimate ceremonies with just the couple and celebrant Practical couples who want to keep things simple Languages Available Our witnesses can communicate in: English (all witnesses) Other languages available on request Professional interpreters can be arranged if needed If you need ceremony interpretation, we can arrange NAATI-certified interpreters for an additional fee. Witness Constraints and Requirements Age and Capacity Must be 18 years or older Must be mentally competent Must understand the ceremony being performed Sobriety Requirements Must be completely sober during the ceremony Cannot be under the influence of alcohol or drugs Must be able to sign documents clearly Identification Must provide valid photo identification Must be able to print and sign their name clearly Must understand their legal responsibilities as a witness Professional Standards Punctual attendance at the agreed time and location Appropriate dress for the occasion Discrete behaviour that doesn’t interfere with your ceremony Respectful of your privacy and ceremony wishes How to Book Witness Service When Booking Your Ceremony Select “Witness Service” when booking your marriage ceremony Specify if you need one or two witnesses Let us know about any language requirements Confirm the ceremony location and timing Adding to Existing Booking Contact us to add witness service to your existing ceremony booking Must be arranged at least 48 hours before your ceremony Additional fee applies as outlined above Last-Minute Requests We’ll do our best to accommodate urgent witness requests 24-hour notice preferred but not always required Additional fees may apply for very short notice What Happens on the Day Witnesses arrive early to meet you and the celebrant Brief introduction and confirmation of their role Witness the ceremony from an appropriate position Sign the marriage documents immediately after the ceremony Provide congratulations and depart discretely Frequently Asked Questions Q: Can the witnesses also take photos? A: Our witnesses focus on their legal role. If you’d like photos, we recommend arranging a separate photographer or asking the witnesses beforehand. Q: Do the witnesses need to know us personally? A: No, witnesses don’t need to know you personally. They’re there to witness that the ceremony took place according to law. Q: What if one of our witnesses doesn’t show up? A: If you’ve booked our witness service as backup, we’ll step in immediately. This is why many couples book our service for peace of mind. Q: Can we choose who the witnesses are? A: We’ll do our best to accommodate preferences, but we assign witnesses based on availability and location. Q: Are the witnesses sworn to secrecy? A: Our witnesses maintain professional discretion about all ceremonies they attend. Your privacy is important to us. Book Your Witness Service Book your complete marriage service including witness service, or contact us to add witness service to an existing booking. Related Services Simple Marriage Service - Complete legal marriage ceremony NOIM Witnessing - Get your Notice of Intended Marriage witnessed Registry vs Marriage Office - Compare your options Get married quickly - Fastest legal process Courthouse marriage - Registry-style ceremonies Peace of Mind Don’t let witness worries stress you out on your wedding day. Our professional witness service ensures you have reliable, legal witnesses who understand their role and will be there when you need them. Professional. Reliable. Discrete. Book your witness service today and focus on what matters most - getting married to the person you love. Talk to a human if you have questions about our witness service or need to discuss special requirements.