Who is eligible to get married
You do not have to be an Australian citizen or permanent resident to get married in Australia.
To get married in NSW or any state or territory in Australia you must:
- not be currently married
- not be marrying an immediate family member
- be able to understand what marriage means and freely give your consent to marry
- be married by an authorised marriage celebrant.
If one of you is under 18
You must be at least 18 years old to get married, unless one of you is aged between 16 and 18 and:
- you have court approval by a judge or magistrate to marry
- consent by your parent or guardian has been given or dispensed with.
Learn more about the rules to get married in Australia at the Attorney-General’s Department.
Who will perform your ceremony
In NSW, your ceremony must be officiated by a registered celebrant to be legally recognised.
This will be a state/territory appointed celebrant, commonwealth civil celebrant or minister of religion (registered religious marriage celebrant), depending on whether you choose a civil or religious ceremony.
State and territory celebrants are regulated by the Registry of Births, Deaths and Marriages in their state or territory.
They perform non-religious marriage ceremonies (civil ceremonies).
Find a state and territory regulated marriage celebrant at the Attorney-General’s Department.
Or choose NSW Births, Deaths & Marriages for your Registry wedding.
A civil ceremony is a non-religious ceremony and is conducted by a commonwealth registered civil celebrant.
Find a Commonwealth-registered marriage celebrant at the Attorney-General’s Department.
Or choose NSW Births, Deaths & Marriages for your Registry wedding.
Ministers of religion can perform ceremonies anywhere in Australia for their nominated recognised religion, according to the rites of that religion.
A nominated recognised religion is one that is proclaimed under the Commonwealth Marriage Act 1961. This does not mean that a religion is endorsed by government.
Find a minister of religion from a nominated recognised religion at the Attorney-General’s Department.
How to complete your Notice of Intended Marriage application
To complete and submit a NOIM
You must complete and submit a Notice of Intended Marriage application to your civil or religious marriage celebrant (your celebrant) at least 1 month before the date you plan to marry. It’s valid for 18 months from the date your celebrant receives it from you.
On the form you should use the name that:
- is on your birth certificate, or
- is on your Change of Name certificate, if you have changed your name.
If you have already changed your surname from a previous marriage you should either:
- use your previous spouse’s surname on the form, if you have kept this name
- use your original name (i.e. maiden name) on the form, if you have reverted to this and have proof of that name, such as photo identification.
Talk to your celebrant if there’s a reason you cannot use the name on either of these documents.
Required supporting documents
When submitting the Notice of Intended Marriage to your celebrant, you’ll need to show:
- an official birth certificate or passport
- other current photo ID, if passport not provided.
If either of you have been previously married, you must also provide a:
- divorce certificate, if divorced
- death certificate, if widowed
If one of you is aged between 16 and 18, you will need to provide proof that you have the appropriate permissions.
Note: foreign language certificates and documents must be translated into English by a National Accreditation Authority for Translators and Interpreters accredited translator.
What you need to know about your wedding
Before your wedding
Arranging your witnesses
You are legally required to have 2 witnesses at your ceremony to witness and sign the marriage certificate.
If possible, you should know the witnesses, as their evidence can be used to:
- establish the identity of the couple who were married
- testify to the circumstances in which the ceremony was performed.
Your witnesses need to:
- be 18 years or older
- speak and understand English.
On the day
The ceremony
On the day, before the marriage ceremony, your celebrant will ask both of you to sign a declaration that there are no legal reasons preventing you from getting married.
During the ceremony:
- your celebrant will say certain words required by law that make the marriage legal
- vows are exchanged and you may also exchange wedding rings
- you, your celebrant, and your witnesses will sign two official certificates of marriage and one ceremonial certificate. You'll receive the ceremonial certificate on the day.
Your celebrant will then register the marriage with the registry of births, deaths and marriages in the state or territory where you got married.
Once the marriage is registered, you or your celebrant can apply for your official marriage certificate.
After getting married
Once you are married you may want to think about changing your surname and updating important information.
Changing your surname
If you were married in Australia and have an official marriage certificate, you can change your surname after marriage without going through the formal name change application proccess.
Updating important information
Once you’re married, you may also want to consider updating your details with other government services, such as letting Centrelink know about your change in relationship, or adding your partner to your Medicare card.
Common questions about getting married in NSW
I need to get married in less than 1 month
In some circumstances, you can apply to a prescribed authority for an exemption to the 1-month rule because of:
- employment related or other travel commitments
- wedding or celebration arrangements, or religious considerations
- medical reasons
- legal proceedings
- an error in giving notice.
You will need to provide proof and may pay an application fee.
Talk to your marriage celebrant if you want to apply for an exemption to get married in less than 1 month.
Do I need a prenuptial agreement
Some couples enter into a prenuptial agreement before they get married. It’s a legal agreement that says how assets will be split if the relationship ends.
In legal terms, it is known as a binding financial agreement.
To be valid, both parties need to get independent legal advice before signing the agreement.
Do I need to apply to become an Australian citizen after marriage
The Department of Home Affairs has information on:
- temporary partner visas, which let you live, work and study in Australia while your permanent partner visa is being processed
- permanent partner visas, which let you live, work and study in Australia indefinitely. If eligible, you can then apply for Australian citizenship
- becoming an Australian citizen
How do I get divorced
The NSW Registry of Births, Deaths & Marriages do not provide any services in relation to divorce.
The Federal Circuit and Family Court of Australia has information about:
When applying for a divorce, the court will ask to see a copy of your official marriage certificate.
If you were married in NSW, you can find out how to apply for a copy of your marriage certificate.
If you were married in a state or territory other than NSW, you can find out where to apply for a copy of your interstate marriage certificate.