LEGAL MARRIAGE REQUIREMENTS
Hamilton Island Weddings recommends all couples (Domestic and International) contact their local authorities or marriage officiator to check any specific legal requirements or legislation that may apply to them. Hamilton Island Weddings and its staff are not authorised or correctly trained to provide detailed information regarding your legal requirements or obligations. The following information is supplied as a guide only and should not be relied upon under any circumstances.
Requirements under Australian Law
All couples are required by Australian law to submit a Notice of Intended Marriage form (NOIM) to their marriage officiator at least one month prior to their wedding date. This form may be obtained from your marriage officiator, from the Registry of Births, Deaths and Marriages Office or click here to download the form in PDF format from the relevant Government Website.
Once you have downloaded the Notice of Intended Marriage form you need to sign it in the presence of an authorised person before sending it to your marriage officiator.
Helpful Links
The Notice of Intended Marriage form must be signed in the presence of any of the following:
Refer to page 4 of the Notice of Intended Marriage.
(a) if a party signs the notice in Australia – an authorized celebrant, a Commissioner for Declarations under the Statutory Declarations Act 1959, a justice of the peace, a barrister or solicitor, a legally qualified medical practitioner, or a member of the Australian Federal Police or the police force of a State or Territory.
Please ensure you download and print all 5 pages of the Notice of Intended Marriage form.
The Notice of Intended Marriage form must be signed in the presence of any of the following:
Refer to page 4 of the Notice of Intended Marriage.
(b) if a party signs the notice outside Australia – an Australian Diplomatic Officer, an Australian Consular Officer, an employee of the Commonwealth authorized under paragraph 3 (c) of the Consular Fees Act 1955, an employee of the Australian Trade Commission authorized under paragraph 3 (d) of the Consular Fees Act 1955 or a notary public.
Other documents required are Original Birth Certificates (Driver’s licenses also required) or Passports. If either person has been previously married, proof of how the marriage ended will be required (e.g. Divorce Decree).
In most cases, your Australian wedding will be recognised in your home country.
Over 80 countries currently participate in the 1969 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, which means these countries accept an Apostille stamped Marriage Certificate as proof of your marriage. We recommend you check with your local authorities if an Apostille stamped document will be accepted to register your marriage at home.
These countries include United States, Italy, Greece, Germany, France, Spain, Sweden, Japan, The Netherlands, China, Hong Kong – Special Administrative region, Macau – Special Administrative region and India.
Because Australia is also a member of the Commonwealth, your marriage will most likely be automatically recognised by your home country, without the need for an Apostille Stamp.
You will still need to register in your home country with local authorities.
Click here to view a list of all Australian Embassy’s, on the official Australian Government website.
