If you are not getting married in NSW

Find out about the legal requirements if you get married in an Australian state or territory other than NSW, or if you get married overseas.

A couple exchange rings during their wedding ceremony.
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If you're getting married interstate

In Australia, marriages are registered in the state or territory in which they take place. 

If you are not getting married in NSW, you can find out more about the specific legal requirements from the registry in the state or territory where you plan to get married:

If you're getting married overseas

If you are getting married overseas, you need to check the legal requirements  with the embassy or consulate of the country where you intend to get married.

You may need to prove that you are not currently married. Types of documentation can include a:

Check in advance which type of documentation is required, as it can differ between countries.

Find out more about getting married overseas at Smartraveller.

Defence personnel getting married overseas

In some situations, marriages of defence personnel can be solemnised overseas by a defence force chaplain or an authorised officer.

These marriages need to be registered in Canberra by the Registrar of Overseas Marriages, ACT Registry of Births Deaths and Marriages. 

Recognition of overseas marriages

Overseas marriages cannot be registered in Australia and you cannot be issued an Australian marriage certificate if you have been married overseas. However, the marriage will usually be legally recognised in Australia, if:

  • it’s legally recognised in the country you were married 
  • it would be considered legal if the marriage had taken place in Australia.

You’ll need to have:

  • registered your marriage in the country where it took place
  • have evidence of the marriage, such as a marriage certificate and any other supporting documents. 

Common questions about overseas weddings

How do I change my surname after an overseas marriage

If you were married overseas, your overseas marriage certificate cannot be used to change your  surname after marriage.

Note, even though your overseas marriage certificate cannot be used to change your name, this does not mean that your marriage is not recognised in Australia.  

Instead, you’ll need to apply for an official change of name.

What makes an overseas marriage not legally recognised in Australia?
  • at the time of the marriage one of the parties was validly married to another person
  • one of the parties was not of marriageable age in Australia
  • the parties are too closely related to marry  
  • consent to the marriage by either of the parties was not real consent because:
    1. it was obtained by duress or fraud
    2. they were mistaken as to the identity of the other person
    3. they did not understand the nature of the ceremony being performed, or
    4. they were mentally incapable of understanding the nature and effect of a marriage ceremony.
What if my marriage is not legally recognised in Australia

If your overseas marriage is not legally recognised in Australia, you'll generally need to:

  • consider getting legal advice
  • provide a statutory declaration relating to the validity of the marriage
  • have an official marriage ceremony in Australia, the same as if you were not already married.

A celebrant will be able to guide you through this process and what documentation you’ll need to provide. Find a celebrant at Getting married in NSW. 

Related information

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