Marriage Act 1961: Plain-English Summary

This page is a plain-English summary of the parts of Australian marriage law that matter most to couples.

For the official text, use:

• the Marriage Act 1961
• the Marriage Regulations 2017
• the Marriage Celebrant Code of Conduct
• the Marriage celebrant guidelines

The main things couples need to know

Australian law generally requires:

• both people to be free to marry
• both people to understand and agree to the marriage
• a NOIM before the marriage
• proof of birth details and identity
• two witnesses aged 18 or over
• the legal words and signatures

Physical presence matters

The law requires:

• the celebrant to be physically present at the marriage
• both parties to be physically present at the marriage
• private celebrants to meet each party separately in person before the marriage

The NOIM timing

The NOIM usually needs to be received:

• at least one month before the marriage
• no more than 18 months before the marriage

Why we link to official sources

Marriage law changes from time to time, and official government sources are the best place to check the current wording.

We use this page to explain the practical meaning in plain language, not to replace the official law.

Helpful links

• Legal requirements
• NOIM guide
• One month’s notice