Getting married in NSW

Learn about how to meet the legal requirements and plan for a wedding in NSW

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There are certain requirements that make a marriage legal when getting married in NSW.

There may be other requirements if you're getting married interstate or overseas.

If you're not getting married in NSW

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/Territory

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.

Commonwealth

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

Religious

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 (PDF 883.06KB) 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. 

Video tutorial for completing a NOIM

5:56

Guide to completing your Notice of Intended Marriage

Read transcript
Video transcript

Guide to completing your Notice of Intended Marriage

The first two pages of the notice of intended marriage form, also known as a NOIM, explain the privacy notice and how to complete the form.

It is important to read this information prior to completing the form. You can fill in the NOIM by either printing a copy and handwriting your responses in block capitals, or by typing the required information directly into the boxes provided.

Question one asks how you would like to be referred to for your marriage and on your marriage certificate. Tick the appropriate response.

Question two asks for your family name. This is your family name as it is written on your passport or birth certificate. Leave this blank if you do not have a family name.

Question three asks for your given name. This is your given name or names according to your passport or birth certificate, including any middle names you may have.

Question four asks for your gender and is an optional field.

Question five asks for your usual occupation. If you are not currently working, you may choose to put down your regular occupation. If you're retired, you may also put down what your regular occupation was.

Question six, ask for your usual place of residence. This is the full address of where you live at the time of filling in the form. This can be changed later on the marriage certificate.

Question seven asks for your conjugal status. Tick the appropriate answer. Never validly married means you have never been married before either in Australia or overseas.

Question eight asks for your birthplace. This is your birthplace as it is written on your passport or birth certificate. If you were born in Australia, write down the suburb city and town as well as the state or territory.

If you are born outside of Australia, your birthplace is the city or town, state or province if applicable, and country.

Question nine asks for your date of birth.

Question 10 asks if you are both related to each other by blood, by marriage, or by adoption. Tick the appropriate box. If you and your partner are related to each other, complete the box asking how you are related.

Questions 11 to 16 are related to your parents. This section is important as it forms a continuation of your personal identity documentation. You will need to fill out each box.

If one or either of your parents' names have remained the same since birth, you will have to write their name in full twice.

If you don't know your parents' names and they are not on any of your personal identification documents such as your birth certificate, you can write unknown in the box.

You'll also need to write down the country of birth for each parent. If a parent is unknown, you can write unknown in that box.

The next section of the form is the signatures of parties and witnesses section. The signing of this notice must be witnessed by an authorized witness. The witness must watch you sign and date the notice. They will then write their full name, their qualification as an authorized witness, and they must also sign the notice.

For example, if a JP is signing your notice, they'll also put their JP number. Or if a police officer is, they are required to write the police station which they work at.

Your witness is making a declaration that they have identified you as the parties wanting to be married. If you both visit the same witness at the same time, the witness must sign both sides of the notice to show that they have witnessed both signatures of the parties to be married.

If you are signing the notice while in Australia, the following people are qualified to be your witness: an authorized celebrant, a justice of the peace, a barrister or solicitor, a medical practitioner registered by the Medical Board of Australia, or a member of the Australian Federal Police or the police force of any state or territory.

Please note that a pharmacist, a psychologist, a nurse, a physiotherapist, or a dentist, do not qualify to be your witness.

If you're signing the notice while you are outside of Australia, the following people can be this witness: a notary public, an Australian consular officer, an Australian diplomatic officer, an employee of the Commonwealth authorized under paragraph three C of the Consular Fees Act 1955, or an employee of the Australian Trade Commission authorized under paragraph 3D of the Consular Fees Act 1955.

Note that you may need to book an appointment to see any of the above witnesses.

These are three examples of an invalid notice.

These are three examples of a valid notice.

The remainder of the notice should be kept blank for the celebrant to complete.

Once you have completed your notice of intent to marry, make sure you keep it in a safe place until you can give it to your authorized marriage celebrant. And if you're having any trouble filling out your NOIM, speak to your authorized, marriage celebrant as they're trained in exactly what information is needed.

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:

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:

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.

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