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New Marriage Laws

From 9 December 2017, sex or gender no longer affects the right to marry under Australian law and same-sex marriage became legal in Australia.

The Marriage Amendment (Definition and Religious Freedoms) Act 2017 commenced on 9 December 2017. This Act amends the Marriage Act 1961 to redefine marriage as 'the union of 2 people to the exclusion of all others, voluntarily entered into for life'.

What this means

The conditions for a valid marriage have not changed. Under Australian law, a couple must wait at least one month to marry after giving an authorised celebrant a completed Notice of Intended Marriage form. In certain circumstances, a couple can seek permission from a prescribed authority to marry earlier. More information is available on the AGD Getting married page.

The new Notice of Intended Marriage form, which couples can start to use on 9 December 2017,is available on the AGD Marriage stationery and forms

Laws

Does it matter which Celebrant I use?

Marriage celebrants

Yes as The Marriage Amendment (Definition and Religious Freedoms) Act 2017 has created a new subcategory of marriage celebrants, called 'religious marriage celebrants'. All marriage celebrants who become a religious marriage celebrant will be able to exercise their religious beliefs to refuse to solemnise a marriage.

Marriage celebrants registered on or before 9 December 2017 who are not a minister of religion and have transferred to the religious marriage celebrant subcategory will make clear on the register and in their advertising that they hold religious beliefs. Therefore please choose the Celebrant that meets your needs.