The legal framework
The Marriage Act 1961 requires marriages to be solemnised by an authorised celebrant: a minister of religion registered by a recognised denomination, a state or territory officer, or a registered civil celebrant. A Notice of Intended Marriage must be lodged at least one month and no more than eighteen months before the ceremony, and prescribed words must be said.
Key points
| Authorised celebrant | Registered minister of religion, or a registered civil celebrant |
|---|---|
| Notice | Notice of Intended Marriage, at least one month before |
| Prescribed words | Certain words are legally required and cannot be omitted |
| Witnesses | Two, aged 18 or over |
| Registration | The celebrant lodges the paperwork with the state registry |
| Religious-only ceremonies | Create no marriage; the couple are de facto partners at most |
| Two witnesses | Both must be 18 or over |
| Register of celebrants | Public and searchable |
| De facto fallback | A religious-only couple may still be de facto partners |
In practice
- Check that the person conducting the ceremony is legally authorised to do so: that single fact usually decides whether you are married.
- Give the required notice to the civil authority in advance — the waiting periods are strict.
- Make sure the marriage is registered afterwards and obtain several certified copies.
- If the ceremony has no civil effect, put a written agreement in place to protect the financially weaker partner.
- Search the public register before paying a celebrant deposit.
Where to go
- State or territory births, deaths and marriages registry.
- Register of authorised celebrants, published by the Attorney-General's Department.
- Community legal centres.
Worth knowing
A couple married only in a religious ceremony by an unauthorised person are not married. They may still be de facto partners, which gives property and maintenance rights after the qualifying period — but not the same ones. A couple married only religiously by an unauthorised person are not married, but may be de facto partners, which gives different and narrower rights.
Official sources and links
- Federal Register of Legislation — Commonwealth law as made and in force
- Services Australia — government services and payments