Marriage Act 1961

The Marriage Act 1961 is the main federal law that sets the rules for marriage in Australia.

This page is a plain-English guide, not the legislation itself.

For the official law, use these sources:

• Marriage Act 1961
• Marriage Regulations 2017
• Guidelines on the Marriage Act 1961 for authorised celebrants
• Code of practice for marriage celebrants

The parts most couples care about

Notice of Intended Marriage

Section 42 deals with the NOIM:

• it must be given at least one month before the marriage
• it can be given up to 18 months before
• the celebrant needs to be satisfied about identity and supporting documents

Separate in-person meetings

Section 42B now says the celebrant must physically meet each party separately before the marriage.

Witnesses

Section 44 says the marriage must have at least two witnesses who are, or appear to be, over 18.

Legal words

Sections 45 and 46 deal with the legal wording used in the ceremony.

When a marriage can be void

Section 23B covers some of the main reasons a marriage can be void, including:

• one party already being married
• a prohibited family relationship
• lack of real consent
• one party not being of marriageable age

Why this matters on our site

Everything we do as private celebrants has to line up with this law and the current regulations and guidance.

That is why we are careful about things like:

• the NOIM timing
• supporting documents
• separate in-person meetings
• witnesses
• the legal ceremony words

If you just want the practical version

Read these pages next:

• Requirements
• NOIM guide
• One month’s notice