The legal requirements for your marriage

LEGAL ISSUES

NOTICE OF INTENDED MARRIAGE (NOIM)
Once you have selected your celebrant, there is a legal requirement to give One Calendar month’s Notice (1 Month + 1 day) of your Intention to Marry by completion of the NOIM. As Celebrants get bookings months ahead, it is advisable to complete this NOIM (Form 13 – available from the Celebrant or downloaded from:

http://online.justice.vic.gov.au/CA256902000FE154/Lookup/BDMApplication_Forms/$file/Notice_Form.pdf

ASAP as it is required for legal purposes by the Registry of Births, Deaths and Marriages (BDM) and for preparation of your Marriage Certificate. You are also required to provide supporting documentation as identification.
The Notice, once completed, remains valid for a period of 18 months.

Within Australia
When a party completes the NOIM in Australia, it may be signed in the presence of any of the following:
An Authorized Celebrant, A Commissioner for Declarations under the Statutory Declarations Act 1959, a Justice of the Peace, a barrister or solicitor, a legally qualified medical practitioner, or a member of the Australian Federal Police or the police force of a State or Territory.
Supportive documentation required:

Either a Birth Cert or Extract of Birth Cert. showing date and place of birth of the party, or a Stat Dec. according to regulations.
If party is born overseas, a Passport issued by a government of an overseas country, showing the date and place of birth of the party.
If divorced – please provide Decree Absolute or Certificate of Divorce.
In the circumstances of death – Death Certificate/Extract of Death Cert. of former spouse.
If a party to an intended marriage has not turned 18, consents or dispensations will be required under the Marriage Act 1961 before proceeding. Also, a person under 18 years is not of marriageable age, and cannot be a party to a marriage unless he/she obtains an order from the Court under Section 12 of the Act.

Overseas Criteria
If one party is from overseas, special visa formalities and procedures need to be strictly adhered to. If relevant documentation is provided, the Celebrant may then provide Notice of Intended Marriage and Letter of Confirmation to support the Visa application.
If party signs the Notice of Intended Marriage outside Australia – it must be signed in the presence of:

an Australian Diplomatic Officer or,
an Australian Consular Officer or
a notary public, or
an employee of the Commonwealth authorized under paragraph 3© of the Consular Fees Act 1955, or an employee of the Australian Trade Commission.

Shortening of Time - instead of usual 31 days notice.
A Shortening of Time may be considered, if the Prescribed Authority is satisfied that circumstances prescribed in the regulations are met.
These are specifically:

Employment related or other travel commitments
Wedding or celebration arrangements, or religious considerations,
Medical reasons
Legal proceedings and
Error in giving Notice.

A Standard Registered Marriage Certificate available from Births Deaths and Marriages in your own State is advisable – it is available usually 14-21 days from date of marriage. You will however need to apply to the Registry-BDM and all applications must be accompanied by 3 forms of identification. This may then be used to change passports, inform Insurance, Other Institutions of your change of Name or Status.

How do I apply for a change of name?
At any other time – application for change of name can be made by downloading and completing a change of name application form. If applying by mail, photocopy the required proof of identity documents and have them certified by a member of police.

Do I need to apply for a change of name when I marry?
Change of name at marriage to your partner's surname or a combined surname is done as a matter of custom, not law. An official Australian Marriage Certificate as issued by the state Registry of Births, Deaths and Marriages which you were married in and is usually sufficient as evidence to have documents such as passports and bank accounts changed to the married surname. From the date of your marriage you may use the new name you decide upon without having to apply for a change of name. Please check the requirements with the relevant organization.

A person who has changed their name through marriage may revert to the name recorded on birth certificate or to a previous married name at any time without registering Change of Name with the Registry. You need to produce your birth certificate and marriage certificate to show you are the same person. If you marry overseas and intend to apply for an Australian passport in your new name, you may need to register a Change of Name to satisfy their requirements.
(Information extracts from Marriage Act & Govt. websites).