The right to marry under Australian law is not determined by sex or gender identity. Same-sex marriage is legal in Australia.
Who can register
To be legally married in South Australia, you must not:
- be married to someone else
- be marrying a parent, grandparent, child, grandchild, brother or sister.
At least 1 person must be 18 years old. If 1 party is aged 16 to 17, you must have a court order authorising the marriage and written parental consent, or the 'effective consent' of a magistrate or judge and written parental consent.
Notice of intended marriage - both must sign
You must lodge a notice of intended marriage at least 1 calendar month before your wedding date. The notice of intended marriage must be signed by both people getting married.
Signing in Australia
If you're signing the notice of intended marriage in Australia, you must sign in front of one of the following:
- authorised marriage celebrant
- commissioner for declarations under the Statutory Declarations Act 1959
- justice of the peace
- barrister or solicitor
- legally qualified medical doctor
- police officer - state or federal.
Signing outside Australia
If you're signing the notice of intended marriage outside of Australia, you must sign in front of one of the following:
- Australian Diplomatic Officer
- Australian Consular Officer
- Commonwealth employee authorised under paragraph 3(c) of the Consular Fees Act 1955
- Australian Trade Commission employee authorised under paragraph 3(d) of the Consular Fees Act 1955
- notary public.
Signing in Australia
If you're signing the notice of intended marriage in Australia, you must sign in front of one of the following:
- authorised marriage celebrant
- commissioner for declarations under the Statutory Declarations Act 1959
- justice of the peace
- barrister or solicitor
- legally qualified medical doctor
- police officer - state or federal.
Signing outside Australia
If you're signing the notice of intended marriage outside of Australia, you must sign in front of one of the following:
- Australian Diplomatic Officer
- Australian Consular Officer
- Commonwealth employee authorised under paragraph 3(c) of the Consular Fees Act 1955
- Australian Trade Commission employee authorised under paragraph 3(d) of the Consular Fees Act 1955
- notary public.
Documents you'll need
You'll need to lodge supporting evidence with your notice of intended marriage.
- Evidence of your date and place of birth:
- both people must provide their birth certificate or passport. Your passport must show your place of birth, not your nationality or where you currently live
- if you're providing your birth certificate, you must also provide current photographic identification, like a drivers licence or proof of age card
- if these documents are in another language, they must be translated into English by an authorised interpreter/translator service.
- If you’ve been married before, evidence that the marriage has ended:
- through divorce, you must provide your divorce certificate or overseas issued equivalent. If the name on your divorce certificate is different to the name on your birth certificate or passport, you must also provide your marriage certificate
- if your previous partner is deceased, you must provide an official death certificate
- if these documents are in another language, they must be translated into English by an authorised interpreter/translator service and certified as true copies.
Lodging a notice of intended marriage
Your own celebrant
Contact a private marriage celebrant to lodge your notice of intended marriage.
Registry office wedding ceremonies
You'll need to provide details about both parties and upload scans of original documents as supporting evidence. We'll then email you a notice of intended marriage to sign and upload. A notice of intended marriage is not officially lodged until the signed notice has been uploaded.
You don’t have to complete the online form in one go, you can save the form and carry on where you left off for up to 48 hours.
Foreign same-sex marriages
Same-sex marriages solemnised overseas are recognised in Australia.
A couple whose foreign same-sex marriage is recognised in Australia can't marry each other again, unless there's doubt about the validity of the foreign marriage.
It's possible for couples to hold another type of ceremony, such as a confirmation of vows or a re-commitment ceremony.
Immigration and overseas residents
If one party is coming from overseas to live in Australia, we can send you a letter once you've lodged your notice. You can use the letter to support an application for a prospective spouse visa.
Overseas marriages
Visit Smartraveller for information about getting married overseas.
Some countries need proof that you haven't already been married overseas.
If you were married overseas and want to take on your partner’s surname, you should contact the relevant authority or business, such as your bank or the Australian Passport Office to see what evidence you need to give them.
Divorce
Births, Deaths and Marriages don't handle matters relating to divorce. The Family Court of Australia can help with your enquiries and getting certificates.
Contact Births, Deaths and Marriages
Phone: 131 882
International: +61 8 8204 8532
Post:
GPO Box 1351
Adelaide SA 5001
Related information
Other websites
Getting married - Australian Government Attorney-General's Department
