What legal documents do I need for my wedding?

5 min read

Whether you are planning a religious or a civil ceremony, there are a few legal requirements that need to be taken care of as part of your wedding to make sure you are on sound legal footing.

In this article you will learn which legal documents you need to prepare, the difference between a marriage license and a marriage certificate, what they are and why you need them, and how to go about a name change.

What documents do I need to prepare?

The two main documents you need to pay any attention to are the marriage license and the marriage certificate. Read on to find out what they are and how to get them.

If you’d like to change your name, that can also be done at a later date and at your leisure.

What is a Marriage License?

I know what you’re thinking: ”What am I, driving my wedding?“.

A marriage license is just a legal document that couples need in order to get married. If you are having a religious ceremony, you might be able to get away with not having one if you have opted for publishing church banns or similar, but in most cases you will need to obtain a license. If you don’t - your marriage won’t be formally recognised.

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The requirements for obtaining your license vary, but in general it is as simple as lodging a government provided form. If you are getting married in Australia you can fill out the form found here, in the UK you can find out more info here, and in the US, as it varies by state, you can search for your state here.

In general you will need to provide a combination of the following documents, so have them handy:

  • Government issues ID (passport, drivers license)
  • Proof of address
  • Parents full names
  • Official proof of the termination of previous marriages

Note that marriage licenses are valid for 30 - 90 days, so make sure you look this up ahead of time for the location that you are getting married. If you are having a destination wedding, it is common to have a legally binding ceremony in your home location beforehand and the destination ceremony wont have be legally binding.

What is a Marriage Certificate?

A marriage certificate is an official certified copy of the registration data held by the government. In other (less official) words, it’s a document to prove that you and your partner are married – that’s it.

To obtain a certificate of marriage, your marriage first needs to be registered. This is what you pay the celebrant for and they are responsible for completing this within 14 days following the ceremony. After your marriage has been registered you can apply for your certificate. This is usually done online and will vary by State and Country and will be posted out to you. There is usually a cost associated with this but should be less than $50.

Do I need to change my name after marriage?

Once you get married, you or your partner might wish to change your name. It is worth noting that it is not a legal requirement to change your name and is completely up to you and your partner.

It is also not a requirements for the bride to take on the grooms surname in opposite sex couples. For example, if Mary Smith marries Barry Brown, she could change her name to any of the following:

  • Mary Smith
  • Mary Brown
  • Mary Smith Brown
  • Mary Brown Smith
  • Mary Smith-Brown
  • Mary Brown-Smith

Likewise, a groom can do the same.

How do I change my name? First, go ahead and change it on Facebook and LinkedIn - because, let’s be honest, that’s the fun part.

To officially change your surname, you do not need a Deed Poll. All you need to do is send your marriage certificate along, with a letter explaining that you wish to have your surname changed, to all departments which need to update their records of you. This will be accepted by all government bodies and organisations as a legal entitlement to a change of name.

Some official authorities will require sight of an original marriage certificate, for example motor vehicle departments etc. Therefore it is advisable to obtain several marriage certificates on the wedding day so that organisations can be notified of your name change quickly and conveniently.

Here is a handy list with some areas you might wish to consider changing your name:

  • Banks and credit card companies
  • Tax office
  • Employer or school
  • Passport
  • Doctors and medical offices
  • Real estate agents
  • Insurance companies
  • Social media accounts
  • Utility companies
  • Electoral Commission
  • Memberships (gym, library, sports clubs)
  • Medicare
  • Frequent Flyers
  • Wills and official documents

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