Sunday, July 11, 2010

Legal Matters

The Marriage Act 1961 lists the legal requirements for marriage. Essentially these are:

  • The bride and groom must give notice of their intended marriage to their celebrant/minister not less than one month and one day and not more than 18 months before the date of the marriage. The notice must be given on the form 'Notice of Intended Marriage'. See http://www.ag.gov.au/ for more information and to download the form.
  • The bride and groom must be 18 years of age otherwise parents' consent is required.
  • The bride and groom must produce evidence of their age to their celebrant/minister. This must be by official birth certificates or in special cases, passports or Certificates of Naturalisation with a statutory declaration stating the full reason why the birth certificate could not be produced.
  • If either party has been previously married, evidence of termination of the marriage must be produced to their celebrant/minister. This is by certificate of decree absolute of full death certificate.
  • A fee must be paid, which varies from State to State.
  • The ceremony must be witnessed by two people who are over 18 years of age.
At the end of your ceremony you will be required to sign the Marriage Register, Certificate of Marriage and Wedding Certificate in front of two witnesses and your celebrant/minister.

A bride is not required to take her husband's surname. If you do choose to change your name, sign your maiden name on your marriage certificate; from then on sign your new, married name.

Upon marriage any previous will becomes ineffective. So after your wedding remember to make an appointment with your solicitor to make another will.

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