- Evidence of date and place of birth – one of the following documents
An Australian or International issued Passport: issued by the Australian government or a government of an overseas country showing the date and place of birth of the party: this evidence covers both the age and identity requirements.
- Original birth certificate: an official (original) certificate of birth
- Extract of birth in an official register: an official extract of an entry in an official register showing the date and place of birth of the party: you will then need to provide photo evidence for identity
- Commonwealth Statutory declaration stating it is impracticable (this does not mean not practical or convenient; it means practically 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. If born in Australia, in most cases, it is possible to gain this evidence so a statutory declaration would not be accepted unless in extreme cases. I can discuss this further at our meeting if you are having difficulty with this.
PLEASE NOTE: Language other than English: If the document a party provides as evidence of their date and place of birth is written in another language or alphabet, the couple should seek a translation of the document by an accredited translator. The National Accreditation Authority for Translators and Interpreters website – has a list of translators.
- Establishing identity– Photographic evidence – one of the following documents
An Australian or International issued Passport: issued by the Australian government or a government of an overseas country showing the date and place of birth of the party: this evidence covers both the age and identity requirements.
Driver’s license
Proof of age card/photocard
A Certificate of Australian Citizenship along with another form of photographic evidence (such as a student card or other photo identification not listed above).
- Eligibility to Marry - Marital Status
Never Validly Married (no evidence required – you will sign a Declaration stating this)
If you have had a prior marriage annulled, you will require a court issued annulment
Widowed: (Evidence of death of spouse)
Divorced: (Evidence of divorce)
PLEASE NOTE: A Statutory declaration cannot be used for evidence OF MARITAL STATUS
If from overseas and you have not got this evidence then you must go to your embassy or to the family court to get evidence
- Proof of Age
Couples must provide evidence that both parties are over 16 or marriage cannot occur
If both parties have proof, they are over 18 by date of marriage no other evidence is required, as long as the party will be 18 on the day of wedding then the NOIM can be signed.
If one party will be under 18 at the time of intended marriage then the following evidence is required. Both parties cannot be under 18:
- Magistrates Court Order
PLUS
- Letter from parents giving permission
A court issued court order for underage marriage is only eligible for 3 months any court order older than 3 months is no longer valid.
Under age forms are available from the Attorney General Department’s website.