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Legal Information

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Daydream Island recommends all couples contact their local authorities to check on any special legal requirements that may be applicable to them.  The following information is intended as a guide only and should be verified by your marriage celebrant or local authorities.

In Australia you are required to lodge a ‘Notice of Intention to Marry’ form with your celebrant at least one month and one day prior to their wedding date. The ‘Notice of Intention to Marry’ form must be witnessed by one of the following:

  1. 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;
  2. 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
  3. of the Consular Fees Act 1955, an employee of the Australian Trade Commission authorized under paragraph 3
  4. of the Consular Fees Act 1955 or a notary public

The ‘Notice of Intention to Marry’ form is valid for 18 months. Fax or send birth certificates/decree absolute/passports ahead with your ‘Notice of Intention to Marry’ form but also bring originals to be sighted on your wedding day.

If the marriage is required within the stipulated one month and one day, permission must be gained from the Australian Federal Court to allow the wedding to proceed. The Marriage Act is a Federal Act and permission for

special consideration may be lodged at a Registry Office or Court House. Fees apply.

The Australian Federal Court may waiver conditionality should the following circumstances apply:

All under age persons (18 years) must obtain Federal Court permission to marry, preferably along with parental consent.

Divorced persons may lodge a ‘Notice of Intention to Marry’ 31 days after their divorce is deemed absolute. Divorce documentation must be provided to the wedding celebrant upon application. 

Some couples from European countries (mainly Germany, Austria, Netherlands, Belgium and Scandinavia) who marry in Australia, are required to present an official wedding document upon returning to their home country. This information is then registered as legal documentation.

This information is obtained from here

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