Nikah, Anand Karaj and Vivah: Getting Legally Married in Australia

Australian law recognises a marriage only if it meets the requirements of the Marriage Act 1961. A ceremony conducted by a religious leader can satisfy those requirements, but only if the leader is an authorised celebrant, or if a separate legal ceremony is held alongside it.

Not every imam, pandit, granthi or priest is an authorised celebrant. If yours is not, the couple can hold the legal marriage with a civil celebrant, and the religious ceremony can take place as well, on the same day or at another time.

Both people must be at least 18. Each must be free to marry, which means not already married to someone else, and each must freely consent. Australian law does not allow a person to be married to more than one person at a time.

If either person has been married before, they will need to show how that marriage ended, usually with a divorce order or a death certificate.

Before the wedding the couple lodge a Notice of Intended Marriage (NOIM) with their celebrant. It must be lodged at least one month before the ceremony and no more than 18 months before it. The celebrant needs to see evidence of identity and of each person’s date and place of birth, and, where it applies, of the end of a previous marriage.

Because of the one-month rule, it is worth speaking to a celebrant as soon as the date is roughly known. In some cases a shortening of time may be approved, but it should not be relied upon.

• Choose a celebrant, whether a religious one who is authorised or a civil celebrant.
• Complete the NOIM and bring the required identity documents.
• Allow at least one month before the wedding date.
• Check what is needed if either person was previously married.

The legal ceremony needs an authorised celebrant, two witnesses who are at least 18, and the couple’s spoken consent using the legal wording. The celebrant will also say the legal definition of marriage. This is usually short and can be included within the religious or cultural ceremony.

After the ceremony the couple and the witnesses sign the marriage documents, and the celebrant registers the marriage with the state or territory registry.

The celebrant gives the couple a commemorative certificate on the day, which is not the legal document. The official certificate comes from the Registry of Births, Deaths and Marriages in the state or territory where the marriage took place, and is what you will need for name changes, visas and similar matters.

A nikah nama, an anand karaj certificate or a similar religious document is a meaningful record, but it is not a substitute for the registered marriage certificate.

Ask early whether the person conducting your religious ceremony is an authorised celebrant. If not, book a celebrant for the legal part. Keep the documents together: passports or birth certificates, proof of any earlier marriage, and the NOIM.

For further detail, the Attorney-General’s Department publishes information on getting married in Australia, and your celebrant can answer questions about your situation.

If a couple married in a religious ceremony that was not legally registered, they should speak to a celebrant or a lawyer about their position and options. This matters for things such as visas, property and children’s rights. The sooner it is raised, the easier it is to sort out.

Rules and forms change, so check the current requirements with your celebrant or the Attorney-General’s Department before you plan your date.