· Marriage Laws  · 5 min read

Marriage license to get married in Tasmania

There's No Such Thing as a Marriage License in Australia (and That's a Good Thing!)

There's No Such Thing as a Marriage License in Australia (and That's a Good Thing!)

One of my favourite moments with couples is when they email me asking about getting their “marriage license.” It’s a perfect opportunity to share one of the most beautiful aspects of Australia’s marriage laws that so many couples don’t realise.

Here’s the simple truth: in Australia, there is no such thing as a marriage license.

I’ll say that again for the folks in the back – Australia doesn’t have marriage licenses. It’s not a thing. Not a process. Not a requirement. Not a piece of paper you need to obtain before your wedding day.

And honestly? That’s brilliant.

When I explain this to couples, especially those who’ve been watching American films or chatting with friends overseas, there’s often a moment of genuine confusion. “But… how do we get permission to marry?”

That’s the whole point – you don’t need anyone’s permission.

The Most Progressive Marriage Laws in the World

Australia’s approach to marriage is refreshingly straightforward and genuinely progressive. Our system operates on a fundamental principle: if you meet the basic requirements, you can get married. Full stop.

These requirements are wonderfully simple:

  • You’re both 18 or over (there’s an exception if one party is 16 or 17, but I only mention it to stop celebrants emailing me about it when I don’t mention it)
  • You’re not already married to someone else
  • You’re not directly related (siblings, parent/child, etc.)
  • You both consent and genuinely want to marry each other
  • You give your celebrant at least one month’s notice

That’s it. No permission slip from the government. No paying for a license at a courthouse. No expiry dates on when you can use your “permission” to marry.

Instead, all you need to do is complete a Notice of Intended Marriage form with your celebrant - a celebrant like me - at least one month before your wedding day. This notice period is required my law but the form doesn’t even go to the authorities until after your marriage ceremony. It’s not about getting “permission” – it’s about giving notice.

How the Rest of the World Does It

In contrast, many other countries have a process that explicitly requires couples to seek permission from the state.

In the United States, couples must apply for a marriage license, pay a fee, and receive approval before they can marry. These licenses often expire within a certain timeframe – usually between 30-90 days – meaning if you don’t use it, you lose it and have to apply (and pay) again.

Similar systems exist across Europe, Asia, and beyond, where couples must obtain specific authorisation before they can legally marry.

Why Our System Is Better

Australia’s approach demonstrates a profound respect for personal autonomy. Rather than positioning marriage as something the state grants permission for, our system treats marriage as a fundamental right that adults can freely choose to exercise.

This framework:

  • Respects your autonomy: You don’t need the state’s permission to marry the person you love
  • Reduces bureaucracy: No extra trips to government offices or courthouses
  • Eliminates unnecessary fees: No license fees to pay just for the right to marry
  • Removes arbitrary timelines: No stress about expiration dates on your “permission”

What We Do Have Instead

Rather than a license system, Australia has:

  1. Notice of Intended Marriage (NOIM): This form needs to be completed and lodged with your celebrant at least one month before your wedding. It’s giving notice, not asking permission.
  2. Official Certificate of Marriage: After your ceremony, you’ll sign this certificate, which is then registered with Births, Deaths and Marriages in your state or territory.
  3. Commonwealth-registered Marriage Celebrants: People like me who are authorised to solemnise marriages according to Australian law.

A Legacy of Progressive Thinking

This approach dates back to the Marriage Act 1961, which federalised marriage laws across Australia. It was remarkably forward-thinking for its time, and while we’ve made important updates (like marriage equality in 2017), this fundamental respect for individual autonomy has remained consistent.

In my 15+ years as a celebrant, I’ve conducted thousands of ceremonies across Australia and internationally. This experience has only strengthened my appreciation for our marriage laws. When I’m working with couples in other countries, there’s often so much red tape around getting “permission” that it can take the shine off what should be a celebration of love, not bureaucracy.

What You Actually Need To Do

So if you’re planning to marry in Australia, here’s what you need instead of a license:

  1. Find a celebrant you connect with (hello there! 👋)
  2. Complete the Notice of Intended Marriage form with them at least one month before your wedding date
  3. Provide proof of identity (usually birth certificate or passport)
  4. Show evidence of the end of any previous marriages (if applicable)
  5. Turn up on the day, say your vows, and sign the paperwork

It’s beautifully simple, and I believe that’s exactly how it should be. Marriage is about love, commitment and building a life together – not jumping through administrative hoops.

So next time you’re watching an American rom-com where the couple rushes to get their marriage license before it expires, you can smile knowing that in Australia, we’ve got a better way.

After all, your relationship doesn’t need a license – just your heartfelt commitment to each other and a month’s notice to make it legal.

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