How Do We Get Married in Australia?

What are the legal requirements to get married in Australia?

The legal requirements to get married in Australia are that neither person is already married, both are of marriageable age, they are not in a prohibited relationship such as parent and child or brother and sister, and both genuinely consent. The marriage must be solemnised by an authorised celebrant, with the prescribed words spoken, in the presence of two witnesses aged 18 or over. A foreign national can marry in Australia on any visa, including a visitor visa.

What is the first step to get married in Australia?

The first step to get married in Australia is to complete and sign a Notice of Intended Marriage and give it to the authorised celebrant at least one month before the wedding. The notice must be witnessed by an authorised person, and the celebrant will also need proof of each person's identity, date and place of birth, and the end of any earlier marriage. The celebrant can explain which documents they need for the notice.

Which documents do we need to marry in Australia?

The documents needed to marry in Australia usually include a passport or birth certificate for each person and, where either person was married before, a divorce order or death certificate showing that the earlier marriage ended. Documents in another language need an English translation. Our article on partner visa evidence translation explains translation standards that also matter later for the visa application.

Does getting married in Australia give a visa?

Getting married in Australia does not give a visa or extend the visa a person already holds. The overseas partner must still apply for a partner visa, and the visa they hold on the wedding day decides whether they can apply in Australia. Condition 8503 on many visitor visas prevents a Subclass 820 application without a waiver, and a person who no longer holds a substantive visa must usually meet Schedule 3 criteria. Our articles on partner visas while on a tourist visa and the condition 8503 waiver explain the risk.

What certificate proves the marriage for a spouse visa?

The certificate that proves the marriage for a spouse visa is the official marriage certificate issued by the state or territory registry of births, deaths and marriages after registration. The certificate the celebrant hands over on the day is a ceremonial record, and the Department generally expects the registered certificate. A certificate alone does not prove a genuine relationship, so couples should keep evidence of their life together, as our article on partner visa relationship evidence explains.

Can a Subclass 300 holder marry in Australia?

A Subclass 300 prospective marriage visa holder can marry in Australia and must marry the sponsor within the visa period. After the wedding, the holder applies for the Subclass 820 and Subclass 801 in Australia. Our page on the Subclass 300 visa explains how the fiancé pathway leads to the spouse visa.

How does My Migration Lawyers help couples marrying in Australia?

My Migration Lawyers advises couples before the wedding, so the date, the visa the overseas partner holds and the partner visa lodgement are planned together rather than after a problem arises. The firm checks visa conditions, the timing of visa expiry and any earlier refusals, and then prepares the spouse visa once the marriage is registered. Couples planning a wedding can contact our partner visa lawyers about the order of steps.