Can a Notary Public Marry You in Australia?

No. In Australia, a notary public cannot marry you just because they are a notary. Only authorised marriage celebrants, ministers of religion of recognised denominations and certain state officers can solemnise a marriage. A notary can still help with the paperwork, especially for couples marrying abroad or signing forms overseas.

Key takeaways

• Only authorised celebrants, ministers of recognised religions and certain state officers can solemnise a marriage in Australia.
• Being a notary does not authorise someone to marry people, unlike in some US states.
• A notary can witness the Notice of Intended Marriage if you sign it overseas, where the form allows.
• For marrying abroad, a notary can witness declarations and certify copies, and DFAT can apostille Australian certificates.
• After the wedding, the official marriage certificate comes from the state registry, not the celebrant's certificate or a notary.

Who can marry you in Australia?

Marriage in Australia is governed by Commonwealth law, which sets out who is authorised to solemnise a marriage. In practice, that means three groups: civil celebrants registered under the Commonwealth's marriage celebrants program; ministers of religion of recognised denominations, and people authorised by them; and certain officers of state and territory registries of births, deaths and marriages. The Attorney-General's Department maintains the register of authorised celebrants.

A notary public is not on that list by virtue of being a notary. A notary who is also a registered marriage celebrant could, of course, marry you, but in their capacity as a celebrant, not as a notary. You can check whether someone is an authorised celebrant on the Commonwealth register published through the Attorney-General's Department.

Why can notaries marry people in some other countries?

The confusion usually comes from the United States, where a handful of states, such as Florida, allow notaries public to solemnise marriages. US notaries are generally lay officials commissioned by a state, and their duties vary a great deal from state to state. Australian notaries are something quite different: experienced lawyers appointed under state or territory arrangements to perform notarial acts for use overseas, with no role in solemnising marriages.

Instructions or articles written for Americans can therefore mislead Australians planning a wedding. Our comparison of an Australian notary, a US notary and a notario explains the difference.

What can a notary do for your wedding?

Although a notary cannot marry you, they can help with several documents around the marriage, particularly where one of you is overseas or you plan to marry abroad.

• Witnessing the Notice of Intended Marriage overseas. If one of you signs the notice outside Australia, the form lists who may witness it abroad, which can include a notary public.
• Witnessing declarations. For example, a statutory declaration about your marital status, where a celebrant or foreign authority asks for one.
• Certifying copies. Such as copies of a divorce order or death certificate showing an earlier marriage ended, for use overseas.
• Documents for marrying abroad. Notarising declarations and copies that a foreign registry asks for, before DFAT apostilles them.

Document	Who usually handles it	Where a notary may help
Solemnising the marriage	Celebrant, minister or registry officer	Not at all
Notice of Intended Marriage	Signed before an authorised witness	As a witness, if signed overseas
Evidence an earlier marriage ended	Original divorce order or death certificate	Certified copies for overseas use
Official marriage certificate	State or territory registry	DFAT may apostille it directly
Documents to marry abroad	The foreign registry's list	Notarising declarations and copies
Name change after marriage	The registry and the bodies you notify	Certified copies for overseas bodies

What about the Notice of Intended Marriage?

To marry in Australia, you generally have to give your celebrant a Notice of Intended Marriage at least a month before the wedding, with some exceptions. The notice must be signed before an authorised witness. In Australia, that can include people such as the celebrant, a JP, a lawyer or a police officer, as listed on the form. If one of you signs it outside Australia, the form lists who may witness it overseas, which can include an Australian consular officer or a notary public.

Check the current form and its list of witnesses before signing, and talk to your celebrant early if one of you is overseas, because the timing matters. The celebrant also needs evidence of your identity and, if either of you was married before, evidence that the earlier marriage ended. Our guide to international divorce documents covers the evidence commonly used.

What if you are marrying overseas?

Couples marrying abroad often need Australian documents for the foreign registry, such as birth certificates, evidence that any earlier marriage ended, and sometimes a certificate or declaration that you are free to marry. Many countries want these apostilled or legalised and translated. An original Australian birth certificate from a state registry can generally be apostilled by DFAT directly; declarations and copies are usually signed or certified before a notary first.

Each country sets its own list, and some want documents issued recently. Ask the foreign registry, or the celebrant or planner there, for the current list before you start, and check the country's position on the HCCH status table. Our guides to documents for marrying overseas and marrying in Denmark cover common cases.

What about the marriage certificate afterwards?

After an Australian wedding, the celebrant registers the marriage with the state or territory registry. The certificate the celebrant gives you on the day is a ceremonial record, not the official certificate, and it cannot be legalised by DFAT. For official purposes in Australia or overseas, order the standard marriage certificate from the registry. For use abroad, DFAT can generally apostille that registry certificate directly, without a notary. Our guide to marriage certificates explains the steps.

Can a JP or lawyer marry you?

Not in that capacity either. A Justice of the Peace, a solicitor or a barrister, like a notary, is not authorised to solemnise marriages just because of that role. Some of them are also registered marriage celebrants, and then they can marry you as celebrants. The test is always whether the person is authorised under the Commonwealth marriage rules, which you can check on the register of celebrants or with a religious body. JPs and lawyers can, however, witness the Notice of Intended Marriage in Australia where the form lists them.

What about marrying at an embassy or consulate?

Some foreign countries allow their citizens to marry at their embassy or consulate in Australia under their own law, but the rules are complex: whether such a marriage is recognised, in Australia and in the other country, depends on both countries' laws. Australian consular officers overseas generally do not perform marriages. If you are considering a consular marriage, get advice from the embassy and an Australian family lawyer first. A notary can help with documents, but cannot tell you whether a consular marriage will be valid for your purposes.

What about name changes after the wedding?

If you take your spouse's surname, many Australian bodies accept your registry marriage certificate as evidence of the change, and you update your documents one by one. For bodies overseas, such as a foreign bank, pension fund or passport authority, you may need a certified or notarised copy of the marriage certificate, sometimes apostilled and translated. Order the registry certificate early, and consider ordering more than one if several overseas bodies will need an original.

How do you prepare the paperwork?

1. Choose an authorised celebrant or minister, and check they are authorised to marry you.
2. Sign the Notice of Intended Marriage before an authorised witness, at least a month before, or before a listed witness overseas.
3. Gather identity documents and evidence that any earlier marriage has ended.
4. For a wedding abroad, get the foreign registry's list and arrange notarising, apostilles and translations.
5. After the wedding, order the official marriage certificate from the registry for any official use.

What does this look like in practice?

Here is an illustration, not a real case. Sam and Lucia plan to marry in Adelaide. Lucia is working in Canada until a few weeks before the wedding, and she was previously married in Canada.

Their celebrant explains that Lucia can sign the Notice of Intended Marriage in Canada before a witness listed on the form, and Lucia signs it before a notary in Toronto more than a month before the wedding. She sends it with a copy of her Canadian divorce certificate. On the day, the celebrant marries them. Afterwards, they order the official certificate from the South Australian registry and have DFAT apostille it for Lucia's Canadian records.

In short

A notary public cannot marry you in Australia. Only authorised celebrants, ministers of recognised denominations and certain state officers can solemnise a marriage, unlike in some US states. A notary can still help with the paperwork: witnessing a Notice of Intended Marriage signed overseas, witnessing declarations, certifying copies and preparing documents for marrying abroad, with DFAT adding apostilles where needed.

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