Offering couples some of the world’s most exclusive and breathtaking wedding venues; from beachside ceremonies on the Gold Coast to intimate chapel weddings in the picturesque Blue Mountains, it’s no wonder Australia is becoming an increasingly popular destination for couples overseas looking to tie the knot Down Under.
There are no residency requirements attached to getting married in Australia, so if you are looking to get married in Australia on a tourist visa you can do it the day you arrive in Australia, providing you meet the legal requirements.
But before you can say “I do” in Oz, there are some important questions to consider. This article will cover who is eligible to marry in Australia as well as the documents required and how they should be applied for.
Disclaimer: We provide general guidance on getting married in Australia on a tourist visa, we do not give specific legal advice. The Marriage Act 1961 and Marriage Regulations 2017 set the rules for getting married in Australia.
Key points
Can you get Married in Australia on a Tourist Visa?
Yes, anyone on an Australian tourist visa can marry in any state in Australia, providing they meet the legal requirements.
But, just because you got married in Australia, this doesn’t necessarily give you the right to live and settle down in Australia.
An Australian tourist visa contains a no further stay clause stating there are no extensions. Therefore, if you have married an Australian Citizen/ Permanent Resident and you wish to stay and live in Australia after getting married, you will need to apply for the appropriate partner visa once your wedding is over.
Until then, be sure to familiarise yourself with all the visitor visa regulations and requirements so that your marriage can be legally recognised in Australia.
Can I marry an Australian Citizen while on my Tourist Visa?
Yes, you can marry an Australian Citizen whilst on a Tourist Visa however, that does not automatically give you Australian citizenship.
If you wish to stay in the country after you are married you will need to seek legal advice and apply for the appropriate partner visa.
What if neither party are Permanent Residents or Citizens of Australia?
If neither you nor your partner is a permanent resident or citizens of Australia, you can still get married on a tourist visa however you won’t be eligible to stay in the country beyond your visa expiration date.
Therefore, if you wish to stay in Australia after getting married, you will need to look at other options such as finding visa sponsorship with an employer or studying in Australia.
If you or your significant other possess residency status in Australia, it may be wise to pursue the longer route of obtaining a Prospective Marriage Visa if you wish to settle there with your future partner.
While marriage is possible while visiting on a tourist visa, this route grants more stability and security for successful resettlement in Australia such as work rights and access to healthcare.
The Legal Requirments to Get Married in Australia
Whilst there is no residency qualification requirement to marry in Australia e.g you do not need to be an Australian citizen or permanent resident of Australia, there are a few other requirements necessary. You must:
- Not be already married
- Not be marrying an immediate family member
- Have an understanding of marriage, and what it means and be able to freely give your consent to marry.
- Have the marriage witnessed by two people.
- Be married by an authorised marriage celebrant.
- Use specific words during the ceremony which make your marriage legal
- Give notice of the intended marriage form to an authorised marriage celebrant at least 1 month before and no more than 10 months before your wedding,
You also must be at least 18 years old to get married. However, if one party is aged between 16 and 18 you may be able to get married if:
- You have court approval from a judge or magistrate to marry.
- Your parent or guardian has given consent.
Can Same-Sex Couples Get Married in Australia on a Tourist Visa?
Anyone who meets the above requirements is eligible to marry in Australia, following a change in legislation in 2017. The legal right to marry in Australia is no longer determined by sex or gender.
Documents you will require to get married in Australia
- Passport with at least 6 months remaining
- Full Birth Certificate
- Australian Visa
- A Notice of Intended Marriage
- 2 Witnesses and their passports
- Divorce Certificate (if you have been married before)
- Death Certificate (if widowed)
- Adoptee Certificate (if adopted)
How To Get Married in Australia on a Tourist Visa: Step-by-Step
STEP 1: COMPLETE AND SIGN THE NOTICE OF INTENDED MARRIAGE (NOIM)
Your celebrant must receive your NOIM no later than one month before your wedding day. The lifespan of the NOIM is 18 months – that is, you can get married at any time between one month and eighteen months from when your celebrant receives your signed and witnessed NOIM.
For those in love who wish to marry in Australia, they must be aware of the Australian law on marriage. A one-month legal notification period applies and must be observed before tying the knot.
This means that it is necessary that both parties must sign a ‘Notice of Intended Marriage’ (NOIM) form before an authorised witness and then lodge it with their chosen marriage celebrant at least 4 weeks before the wedding takes place.
Download the NOIM form from the Attorney General’s website.
STEP 2: THE DECLARATION OF NO LEGAL IMPEDIMENT TO MARRIAGE
Prior to the wedding, both parties will be required to sign declarations confirming they are legally free to marry and that each partner is giving consent to marry the other.
STEP 3: THE OFFICIAL CERTIFICATE OF MARRIAGE (X2) AND CERTIFICATE OF MARRIAGE
Finally, the couple will take part in a legal wedding ceremony where they will exchange legal vows (words required by Australian law to make the marriage legal). Further marriage documents will be signed at this point in front of at least two witnesses (who must be supplied by the couple).
How do I get proof of my marriage in Australia?
On your wedding day, you, your celebrant, and two witnesses over 18 will sign the marriage certificate, which includes dates and places of birth, usual addresses and occupations, and your parents’ names, including your mother’s maiden name.
This certificate is sent to the Registry of Births, Deaths and Marriages within 14 days for official recording. You’ll receive a shorter marriage certificate on the day, but it’s not legally valid.
You can apply for your Registered Marriage Certificate through the Register of Births, Deaths and Marriages in the State in which you were married.
New South Wales: NSW Services or Births, Deaths and Marriage
Victoria: Births, Deaths and Marriages
Western Australia: Births, Deaths and Marriages
Tasmania: Births, Deaths and Marriages
Queensland: Births, Deaths and Marriages
Northern Territory: Births, Deaths and Marriages
South Australia: Family and Community > BDM
Australian Capital Territory: Access Canberra
Will my Australian marriage be recognised in my country of origin/citizenship?
Weddings conducted in Australia may not be acknowledged internationally. Always consult the embassy or consulate in the home country.
For instance, a marriage between an Australian and a foreign national might not be valid in the other person’s home country.
Additionally, Australian same-sex marriages may face non-recognition and legal challenges in numerous countries.
It’s advisable to consult the embassy or consulate of the relevant country before departing Australia to understand their marriage laws and whether or not your marriage in Australia will be legally recognized in your home country.
What Happens After You Get Married in Australia as a Tourist and How to Extend Your Stay
It is important to note that upon getting married, the conditions of your visa do not change. Getting married in Australia does not automatically make you a permanent resident or citizen, even if you travel to Australia as a tourist and marry an Aussie!
If neither you nor your partner is a permanent resident or citizens of Australia, you won’t be eligible to stay in the country beyond your visa expiration date. Therefore, if you wish to stay in Australia after getting married, you will need to look at other options such as finding visa sponsorship with an employer or studying in Australia.
If you or your significant other possess residency status in Australia, it may be wise to pursue the longer route of obtaining a Prospective Marriage Visa if you wish to settle there with your future partner. While marriage is possible while visiting on a Tourist Visa, this route grants more stability and security for successful resettlement in Australia such as work rights and access to healthcare.
Getting Married in Australia on a Tourist Visa: FAQs
Can I stay in Australia if I marry an Australian?
Suppose you’re looking to get married to an Australian and stay in Australia. In that case, it’s possible—but you would need to apply for a prospective marriage visa (also known as a Subclass 300) rather than a tourist visa if you want to enter the country with the intention of getting married within nine months of entering and stay in the country afterwards.
How much does it cost to marry someone in Australia?
Weddings in Australia can be as affordable or luxurious as your budget allows! Depending on what you’re looking for, couples have the freedom to choose from a variety of options. An average celebrant in New South Wales may cost $833 and higher-end services start around 1,500; Registry Office weddings offer an accessible starting price point of only $469. The price will vary across different states in Australia.
