Just how do you elope in Australia?
It is a questions we get asked often because we marry couples all throughout Australia and the Marriage laws in Australia are the same for all states. You don’t rings to elope in Australia, you don’t need a long ceremony or a ceremony at all to elope in Australia! Let’s break down exactly what legalities you need to complete in order to legally elope in Australia. We make sure that all of these legal requirements are included for all of our couples to elope in Australia.
If you are looking for an uber cool elopement with your nearest and dearest, (we can help you with that!) the legal aspects of getting married in Australia are outlined in The Marriage Act, which is the document that states how you can marry in Australia.
Below are the legal requirements of eloping in Australia-
At least one month before the elopement
Notice of Intended Marriage (NOIM) - (takes 10 minutes to complete)
Filling in the NOIM is the first step in terms of completing your elopement in Australia, from a legal perspective. You will need to fill in the form, have it witnessed, then lodge it with a celebrant. Here at I Do Drive Thru we are here to help you with this.
You will also need to show your Passports or Birth Certificates and a Photo ID to your Celebrant (and any relevant divorce certificates) in order to be be married in Australia.
Prior to the elopement taking place
Sign the declarations - (takes 2 minutes to complete)
You must sign a document prior to your elopement taking place that states you are-
-Not legally married to any other person
-Not in a prohibited relationship (not too closely related)
-You are of marriageable age
-You believe there is not other legal impediment to marriage
On the elopement day
Celebrant must say the monitum from the marriage act - (takes 30 seconds to complete)
To legally elope in Australia, the Monitum must be read by your appointed Commonwealth-registered celebrant. It is a statement of the celebrants authority to solemnise your marriage & essentially it explains or defines marriage, under Australian law.
The words are as follows:
“I am duly authorised by law to solemnise marriages according to law. Before you are married 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 the law in Australia, is the union of two people to the exclusion of all others, voluntarily entered into for life.”
Couple must say the legal vows - (takes 1 minute to complete)
Making vows or promises, is usually at the heart of your marriage ceremony or elopement. However, you are only obliged to say your LEGAL vows, to ensure your marriage is valid according to The Marriage Act.
Each party must state the following to the other party:
“I call upon the persons here present, to witness that I (FULL LEGAL NAME OF PARTY 1) take you (FULL LEGAL NAME OF PARTY 2), to be my lawful wedded wife (OR husband / wife / spouse / partner in marriage.)”
The term ‘husband’ can refer to a male marriage partner, and ‘wife’ to a female marriage partner, regardless of the sex or gender of the person saying the vows. The term ‘spouse’ can refer to a male, female, intersex, non-binary gender or transgender person.
Personal Vows are optional. To write your own Personal Vows, which we go into detail about here.
Signing of the marriage certificates - (takes 2 minute to complete)
After saying the monitum and the legal vows the couple and their two witnesses and celebrant must sign the marriage certificates in order to make the elopement legally binding in Australia. The documents that must be signed by all parties is
-the presentation marriage certificate
-the official certificate of marriage for the Celebrant to keep
-the official certificate of marriage which gets sent to Birth, Deaths and Marriages to register the marriage
All couples in Australia end up with two marriage certificates, one, they receive on the elopement day and then one is issued by the Births, Deaths and Marriages in the state in which they married - we show you how to do this at the conclusion of your ceremony.
No need to ask how do you elope in Australia anymore - now you know! There are many ways you can make your elopement in Australia as simple as the legal steps above! You can get married in a beautiful location, your local cafe, your home, or anywhere in Australia, as we have elopement Celebrants and Photographers based Australia wide.