07 Nov Destination wedding – to be or not to be?
Dreaming of a destination wedding? Here’s what you need to know…
Since the restrictions of COVID travel, many couples are opting for that dream destination wedding! But before you leap into organising that perfect ceremony, there are a few things you need to know.
Marriages are legal ceremonies
A wedding is a legal ceremony, which means you need to follow the laws of the country where you wed. You need to also ensure that the marriage is recognised in the country where you live. Marriage in Australia is governed by the Marriage Act 1961 and Marriage Regulations 2017. You can only have one legal marriage anywhere in the world. The marriage will be recognised in Australia if:
- The marriage is valid in the country in which it was performed
- The ceremony doesn’t contravene the Marriage Act 1961 and Marriage Regulations 2017
- You obtain an official overseas government issued marriage certificate to prove that you are legally married. However, some states and territories don’t accept overseas marriage certificates if you want to change your name. So, it’s a good idea to check this beforehand!
- The marriage is legally registered with the government of the country in which it is performed
- Neither party is already married
- You are not marrying a parent, grandparent, child, grandchild, brother or sister
- Both parties are at least 18 years old, unless a court has approved a marriage where 1 person is 16-18 years old
- You both understand what marriage means and freely agree to marry
A destination wedding can be complex, particularly if you don’t speak the local language!
What you need to consider for a destination wedding
Engaging with the relevant foreign embassy
You need to contact the embassy of the country where you wish to marry. You can find a list of embassies and consulates in Australia here
Compiling documentation to prove your identity and ability to marry
- Legal ceremonies require documentation, to establish your identity and prove that you free to marry.
- You will probably need to organise a Notice of Intended Marriage. There will be time constraints and other requirements.
- Most countries require a Declaration of No Legal Impediment (DONLI). Some will accept a DONLI issued in Australia by the Department of Foreign Affairs and Trade. Others may only accept one issued by the Australian embassy or consulate within their country.
- You may need to authenticate your documentation via an apostille or other means.
- As well as your birth certificates, passports and DONLI, you may need to provide divorce papers, statutory declarations and death certificates of deceased spouses.
- These documents need to be in both the language of the country in which you are marrying, and the language which you speak.
- You therefore need to secure original identity documents. They need to be translated into the language of the country where you are marrying and certified in Australia by the relevant authority (Department of Foreign Affairs and Trade) or by the relevant authority overseas.
Finding a celebrant and interpreter
The ceremony itself will likely be performed in the local language. If you or your witnesses don’t understand that language, you will need both a celebrant and an interpreter (or they could be the same person). As a minimum, the legal elements need to be performed in both your language and the local language.
Ensuring your marriage is valid in Australia
Your marriage certificate will be lodged with the relevant authority in the country where you marry. So, if you ever need to access it in the future, this could be complex. You need to check if your marriage certificate will be recognised in Australia, particularly if you wish to change your name following marriage.
All of the above adds cost, time, stress and effort to your wedding, so you need to consider if it is worth it. You can find out more at Smart Traveller.
My destination wedding experience
I can speak from experience, as I was married in Italy. Even though I have dual nationality (Australian and Italian) this involved a complex procedure as outlined above. My husband (who is an Australian citizen) and I needed to liaise with the Italian Consulate in Australia to organise our legal documents. We also needed to visit the Australian Embassy in Rome in person to validate documents. This needed to occur within a certain timeframe. We then had to organise two ceremonies, as legal marriages in Italy must occur in the Town Hall and be undertaken by the Mayor or delegate. Our original plan was to have our wedding in a 10th century castle in Tuscany – which we did – but we also had to add a legal ceremony at the Palazzo Pubblico in Siena the day before, with two witnesses. While the experience was very special, it added a significant amount of organisation and cost!
My recommendation – do the legals at home and party overseas!
Based on these complexities, my recommendation is to undertake the legal ceremony in the country where you were born or live. Then you can enjoy a fabulous ‘commitment ceremony’, without the legals, in the country of your choice. That way, you get to do it twice, only one being the legal ceremony, and you will be able to avoid the complexities of legally marrying in another country. Most importantly, you will get to enjoy your special day, in the location of your choice, but without the added stress! And, it’s a great excuse to buy two special wedding outfits…
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