Legal Requirements for Getting Married in Queensland | Simple Guide
Everything you need to know about getting legally married in QLD – without the confusing jargon
Planning a wedding is exciting, but navigating the legal requirements? That can feel overwhelming. The good news is that getting legally married in Queensland is actually pretty straightforward once you understand what's required.
As a marriage celebrant based in Toowoomba, I guide couples through this process every day. So let me break it down for you in plain English – no legal jargon, no confusion, just the facts you need to know.
The Three Essential Legal Requirements
To get legally married in Queensland (or anywhere in Australia), you need three things:
- Complete a Notice of Intended Marriage (NOIM) at least one month before your wedding
- Provide the required documents to prove your identity and eligibility
- Have your ceremony conducted by an authorised celebrant (that's where I come in!)
LET'S BREAK EACH OF THESE DOWN.
1. Notice of Intended Marriage (NOIM)
What is it?
The Notice of Intended Marriage is an official form that tells the Australian government you intend to get married. It's a legal requirement – you can't get married without it.
When do you need to lodge it?
At least one month and one day before your wedding date.
For example:
- If your wedding is on April 15th, you must lodge your NOIM by March 14th at the latest
- Most couples lodge it 2-6 months before their wedding to avoid last-minute stress
Can this deadline be shortened?
In some exceptional circumstances (like a serious illness or an overseas deployment), the one-month notice period can be shortened. However, this requires special permission from a prescribed authority and is rarely granted.
Read more about rush weddings here → Can You Get Married in Less Than a Month in Queensland? | Rush Wedding Guide
Where do you lodge it?
You lodge your NOIM with your celebrant – that's me! We'll complete it together during one of our meetings. It can be done in person, or remotely if needed.
What information do you need?
The NOIM asks for:
- Your full legal names
- Dates and places of birth
- Current addresses
- Occupations
- Details of any previous marriages (and how they ended)
- Your parents' names
- Whether either of you are under 18 (requires parental consent and court approval)
- Whether you're related by blood or adoption
How long is it valid?
Your NOIM is valid for 18 months from the date it's lodged. If you don't get married within that time, you'll need to complete a new one.
2. Required Documents
When you lodge your NOIM, you need to bring certain documents to prove your identity and eligibility to marry.
Everyone Needs:
✓ Proof of Date and Place of Birth
You must provide one of the following:
- Birth certificate (full birth certificate, not the commemorative one)
- Passport (current or expired is fine, as long as it's yours)
- Citizenship certificate (if born overseas and later became an Australian citizen)
- Important: If your birth certificate is in a language other than English, you must provide a NAATI-certified translation.
✓ Photo ID
You must provide one of the following:
- Driver's licence
- Passport
- Proof of Age card
If You've Been Married Before:
If either of you has been married previously, you must prove that marriage has legally ended:
- Divorce: Provide your Decree Absolute or Divorce Order
- Death of spouse: Provide the death certificate
Important: If your divorce was finalised overseas, you may need additional documentation. Check with your celebrant.
If You Were Born Overseas:
If you were born outside Australia, you need:
- Your birth certificate (or legal equivalent) from your country of birth
- If it's not in English, a NAATI-certified translation
Tip: Some countries can take months to issue birth certificates. If you were born overseas, start this process early! Alternatively, a passport is often easier and perfectly acceptable.
If You're Under 18:
Marriage under 18 is only permitted in exceptional circumstances and requires:
- Parental consent
- Court approval
This is rare and involves a complex legal process. Speak to your celebrant if this applies to you.
3. The Ceremony Requirements
For your marriage to be legal in Australia, your ceremony must meet these requirements:
✓ Authorised Celebrant
Your ceremony must be conducted by a registered marriage celebrant (like me!) or a religious minister. You can't have a friend "marry you" unless they're actually registered.
✓ Two Witnesses
You need at least two witnesses who are 18 or over. They'll sign your marriage certificate along with you and your celebrant.
✓ Prescribed Words (The Legal Bit)
During your ceremony, you both must say the following legal words:
"I call upon the persons here present to witness that I, [your name], take thee, [partner's name], to be my lawful wedded [wife/husband/spouse]."
These words (or a similar approved variation) are required by law. Everything else in your ceremony can be completely personalised!
✓ Exchanging Vows
You'll exchange vows or promises to each other. These can be traditional, personalized, or anything in between – the choice is yours.
✓ Signing the Certificates
After the ceremony, you, your partner, your two witnesses, and your celebrant will sign:
- Your official marriage certificates (there are usually 3 copies)
- The celebrant's registry
The Timeline: When to Do What
Here's a simple timeline to keep you on track:
6-12 Months Before Your Wedding:
✓ Book your celebrant
✓ Start gathering required documents (especially if you were born overseas)
2-6 Months Before:
✓ Meet with your celebrant to complete your NOIM
✓ Provide all required documents
At Least 1 Month Before:
✓ NOIM must be lodged (this is the legal deadline!)
2-4 Weeks Before:
✓ Final ceremony review with your celebrant
✓ Confirm your two witnesses
Your Wedding Day:
✓ Sign your DCLI (Declaraition of No Legal Impediment)
✓ Get married!
✓ Sign the official paperwork
After Your Wedding:
✓ Your celebrant lodges your marriage certificate with Births, Deaths and Marriages
✓ You'll receive your official marriage certificate in the mail (usually 4-6 weeks later)
- COMMON QUESTIONS ABOUT LEGAL REQUIREMENTS
Do we need to get married at a registry office?
No! In Australia, you can get married almost anywhere – a garden, a beach, a backyard, a venue, or yes, a registry office.
As long as you have an authorised celebrant, you're good to go.
Can a friend marry us?
Not legally. Your friend can be part of the ceremony, but only a registered marriage celebrant or religious minister can legally marry you in Australia.
Some couples have a friend "host" the ceremony while the celebrant handles the legal parts – this is sometimes called a "micro wedding" format.
What if one of is isn't an Australian citizen?
No problem!
As long as you're both legally able to marry (not currently married to someone else, both over 18, etc.), you can get married in Australia regardless of citizenship or visa status.
Do we need to be in Australia to lodge a NOIM?
Generally, yes.
However, there are some exceptions for people who can't be in Australia (like overseas military personnel). Speak to your me if this applies to you.
Can we get married if we are already married in another country?
If you're already legally married in another country, that marriage is recognized in Australia.
You can't legally marry again. However, you can have a vow renewal ceremony to celebrate!
What if one of us doesn't speak English?
You'll need an interpreter present during the NOIM lodgement and the ceremony.
I can help arrange this.
How long does it take to get our marriage certificate after the wedding?
Your celebrant will lodge the paperwork within a few days of your ceremony.
You should receive your official marriage certificate from Births, Deaths and Marriages within 4-6 weeks.
Documents Checklist
Use this checklist to make sure you have everything:
EVERYONE NEEDS:
- Birth certificate OR passport
- Photo ID (driver's licence or passport)
IF APPLICABLE:
- Divorce papers (if previously married)
- Death certificate of former spouse (if widowed)
- NAATI translation (if birth certificate not in English)
- Parental consent (if under 18)
- Court approval (if under 18)
FOR THE CEREMONY:
- Two witnesses aged 18+ confirmed
- NOIM lodged at least 1 month before wedding
- DCLI signed either the day before or before the ceremony
- Offical marriage certificate ready to be signed
What Happens If You Don't Meet the Requirements?
If you haven't lodged your NOIM at least one month before your wedding, you cannot legally get married on that date. You'll need to postpone.
If you don't have the correct documents, your celebrant cannot legally marry you. This is why I always recommend getting your paperwork sorted early!
The good news? As your celebrant, I'll guide you through every step of this process. You'll know exactly what you need, when you need it, and how to get it. No surprises, no stress.
Making It Easy: How I Help
When you book me as your celebrant, here's how I make the legal stuff simple:
✓ Clear guidance – I'll tell you exactly what documents you need and where to get them
✓ NOIM assistance – We'll complete it together, and I'll explain every question
✓ Document check – I'll review everything to make sure it's correct before we lodge
✓ Timeline reminders – I'll keep you on track so nothing is missed
✓ All paperwork handled – After your ceremony, I take care of lodging your marriage certificate
✓ Free resources – I provide checklists and guides to make this process stress-free
You don't need to navigate this alone!
Ready to Get Started?
If you're planning a wedding in Toowoomba or South West Queensland, I'd love to help you navigate the legal requirements and create a ceremony that's meaningful, personal, and authentically yours.
Get in touch:
Email: hello@theshelleybrant.com.au
Phone: 0458 748 969
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