Getting married in Victoria: the legal bits
A plain-English guide to the Notice of Intended Marriage, documents, the words you have to say, witnesses, certificates and the timing that catches couples out.
The law asks for a handful of things in a set order, and most of them land on my desk, not yours.
This is my plain-English version, written for couples marrying in Victoria. It’s general information, not legal advice. For the official word, check bdm.vic.gov.au or ag.gov.au.
Last reviewed: 10 October 2026.
The short version
For a legal Australian marriage, the two of you need to:
- be free to marry, aged 18 or over, not closely related, and both freely agree
- give your celebrant a Notice of Intended Marriage at least one month and no more than 18 months before the wedding
- show your birth certificate or passport, photo ID, and proof any earlier marriage has ended
- meet your celebrant separately, in person, before the day
- sign a declaration, say the legal words, and sign the certificates with two adult witnesses
That’s the skeleton. Everything else, from the readings to the music to who walks in first, is up to you.
Who is allowed to marry
You can marry in Australia if you’re both 18 or over (a court can approve a rare exception), not already married to someone else, not closely related, and both freely consenting. Citizenship and residency don’t come into it.
Giving notice
Everything starts with a form called the Notice of Intended Marriage (NOIM). I have to receive it, completed and signed, at least one calendar month and no more than 18 months before the wedding.
The month counts from the day I receive the signed notice. A notice I receive on 15 December allows a wedding from 15 January.
The finder is a guide worked out from the Act. I confirm the exact day when you book.
Signing the notice on a video call
Yes. Since 12 June 2024 your NOIM can be witnessed in person or on a video call, as long as you’re both in Australia. If one of you signs overseas, it needs someone like an Australian consular officer or a notary. One of you can also sign later, in front of a celebrant.
What documents you’ll need
- an official birth certificate or a passport
- photo ID
- if you’ve been married before, the divorce order or the death certificate
Scans are fine to get started. I need to see the originals before the wedding.
Separate meetings, in person
Since June 2024, I have to meet each of you separately, in person, before the wedding. It takes a few minutes each, and I fit it into a catch-up we’re already having, the rehearsal, or a short coffee before the day.
The declaration
Before the ceremony, you each sign a Declaration of No Legal Impediment to Marriage in front of me. It confirms that nothing legally stops you marrying.
The words you have to say
Section 46 of the Marriage Act sets out words the celebrant says, or words to that effect. I say them word for word:
“I am duly authorised by law to solemnise marriages according to law. Before you are joined in marriage in my presence and in the presence of these witnesses, I am to remind you of the solemn and binding nature of the relationship into which you are now about to enter. Marriage, according to law in Australia, is the union of 2 people to the exclusion of all others, voluntarily entered into for life.”
Then you each say the legal vows. The modern accepted form is: “I ask everyone here to witness that I, [name], take you, [name], to be my wedded wife (or husband, or spouse).” An “I do” can’t replace them. Your personal vows go after, and can be anything you like.
Witnesses
You need two witnesses aged 18 or over. They watch the ceremony and sign the certificates. They can be anyone you choose.
The certificates
Straight after the ceremony, you, your witnesses and I sign three certificates. The one you take home is a keepsake. Most organisations won’t accept it as proof of marriage.
Within 14 days I lodge your paperwork with BDM Victoria. To change your name on a passport or licence you’ll need the official certificate from BDM Victoria, which costs $59.10 as at October 2026 (fees change each financial year, and express post is extra). I can order it for you for the BDM fee plus postage, or you can do it yourself.
Less than a month to go
A shorter notice period is possible but not automatic. A prescribed authority, such as BDM Victoria or a registrar at a major regional court, can approve it for employment or travel commitments, wedding or celebration arrangements, medical reasons, legal proceedings, or an error in giving notice made by the celebrant. The assessment fee is $62 and isn’t refunded.
Where and when you can marry
Any day, any time, anywhere in Australia. An Australian celebrant can’t marry you overseas. Some places need a booking first:
- the Royal Botanic Gardens Melbourne always needs a booking
- City of Melbourne parks need one for 50 or more guests, or for a bookable site
- Parks Victoria asks for at least eight weeks’ notice
- many places ban confetti, so check before anyone brings a bag of it
Official sources
You don’t need to memorise any of this. It’s here so the paperwork never surprises you.