To be married in Australia, You need to show to the Celebrant, the originals of:
- evidence of date and place of birth
- evidence to establish the identities of the parties to the marriage
- if previously married, evidence of divorce or death of previous spouse
4.4 Evidence Of Date And Place Of Birth
Each party to a marriage must give their authorised celebrant evidence of their date and place of birth before a marriage is solemnised. (see Paragraph 42(1)(b) of the Marriage Act).
The following documents only are acceptable as evidence of a party’s date and place of birth:
- an official (original) certificate of birth, or an official extract of an entry in an official register showing the date and place of birth of the party, (Subparagraph 42(1)(b)(i) of the Marriage Act) or
- a statutory declaration from the party or the party’s parent stating: (Subparagraph 42(1)(b)(ii) of the Marriage Act).
- it is impracticable (this does not mean not practical or convenient; it means impossible) to obtain an official birth certificate or extract, and the reasons why, and
- to the best of the declarant’s knowledge and belief and as accurately as the declarant has been able to ascertain, when and where the party was born, or
- a passport issued by the Australian government or a government of an overseas country showing the date and place of birth of the party. (see Subparagraphs 42(1)(b)(iii)&(iv) of the Marriage Act).
4.6 Establishing The Identities Of The Parties To The Marriage
An authorised celebrant shall not solemnise a marriage unless satisfied that the parties are the parties referred to in the NOIM.(see Subsection 42(8) of the Marriage Act).
This requirement is separate from, and additional to, the requirement that each party to a marriage must give their authorised celebrant evidence of their date and place of birth before a marriage is solemnised.
An authorised celebrant should require each party to a marriage to provide at least one of the following documents with photo identification as evidence of their identity:
- a driver’s licence
- a proof of age/photo card
- an Australian or overseas passport, or
- a Certificate of Australian Citizenship along with another form of photographic evidence (such as a student card or other photo identification not listed above).
An expired passport is acceptable as evidence of date and place of birth. However, a cancelled passport is not acceptable.
This is because a cancelled passport is a passport that has been reported as lost or stolen and is permanently cancelled by border control authorities in Australia or abroad.
If an overseas passport does not show the place of birth of the party, then it cannot be used as evidence of the party’s place of birth and celebrants should request the party to produce either a birth certificate or statutory declaration as appropriate.
How your previous marriage was terminated
Item 17 of the NOIM requires the parties to state how their last marriage was terminated, if they have previously been married. The options that may be listed in item 17 of the NOIM are:
- divorce, or
If a party has indicated on the NOIM that they were previously married (item five), and this marriage was terminated through death, divorce or nullity (item 17), they must produce evidence of the termination of their previous marriage to the authorised celebrant. This evidence must be produced to the authorised celebrant prior to the marriage being solemnised.