“Can I register for same sex marriage in New South Wales?” If you’re looking for information regarding marriage in NSW, here’s an Australian law article for you.
For far too long, the institution of marriage has been confined to the union between individuals of the opposite sex, excluding those who dared to love beyond the confines of heteronormative expectations. The legalisation of same-sex marriage has had a profound impact on the world today, promoting equality, inclusivity, and the fundamental right to love and marry for all individuals, regardless of their sexual orientation.
It has also served as a beacon of hope for LGBTQ+ communities worldwide, inspiring them to fight for their rights and recognition. In New South Wales, same-sex marriage became legal on December 9, 2017, after the Federal Parliament passed a law legalising same-sex marriage. The Marriage Act 1961 was updated to recognise marriage equality.
The Marriage Act now establishes that marriage is “the union of two people to the exclusion of others voluntarily entered into for life.”
Register for Same Sex Marriage NSW
The importance of registering for same-sex marriage in New South Wales lies in the legal recognition and protection it provides to couples. Since the federal legalisation of same-sex marriage in Australia in 2017, a same-sex couple in New South Wales can now enjoy the same rights and benefits as heterosexual couples when they register their marriage.
This includes:
- legal recognition of their relationship,
- access to spousal benefits, and
- the ability to make important decisions on behalf of their partner.
Registering for same-sex marriage also symbolises equality and inclusivity, affirming the rights of all individuals to marry the person they love. Additionally, it ensures that the union is legally recognised and protected, providing security and peace of mind to the couple.
How to Register Your Marriage?
The NSW Registry of Births, Deaths and Marriages is an agency within the NSW Department of Customer Service. The role of this agency is to register life events such as births, deaths and marriages in New South Wales.
Here’s the process to register for same sex marriage in NSW is as follows:
- File a Notice of Intended Marriage application.
- Apply to get married at a Registry Office.
- Apply for a single status certificate.
- Request a proof of divorce order.
- Apply for a legal marriage certificate.
- Check the status of your online marriage certificate application.
Notice of Intended Marriage Application
This is the first step to register for same sex marriage. Both parties to the marriage are required to sign the Notice of Intended Marriage (NOIM) prior to the marriage ceremony taking place. If one person is unavailable at the time of lodgement, the other party can lodge the Notice of Intended Marriage on their behalf.
You must:
- Be 18 years old
- Provide the marriage celebrant with proof of age.
- Born in Australia – birth certificate
- Born overseas – foreign birth certificate or valid overseas passport
- Provide evidence of termination or divorce certificate (if divorced) or death certificate (if widowed), if previously married.
- Sign three marriage certificates along with witnesses like family members
Download this NOIM application form and read the instructions carefully.

Application at a Registry Office
The second step to register for same sex marriage is that you and your spouse must schedule an interview and file a Notice of Intended Marriage at least one month in advance of the ceremony if you plan to get married at a Registry Office. The Notice remains valid for up to 18 months.
You need to bring with you the following:
- Your completed NOIM form.
- An accomplished Registry Marriage & Certificate application form.
- Your identity documents such as birth certificates and passports.
- Proof of termination of previous marriages as indicated in the previous section.
- Book an appointment.
- Attend the scheduled interview.
Single Status Certificate
You also need a single status certificate to register for same sex marriage in NSW. This document attests to the fact that you haven’t been married in New South Wales for a predetermined amount of time. A single status certificate can be requested by mail or in person at a service center.
The NSW Registry of Births Deaths & Marriages will send you certificates by registered mail. You can’t get a certificate in any service centres. These are the required documents:
- Three copies of your own identification
- Or if you’re applying in behalf of another person –
- Three copies of your own identification
- Letter of authority from the person named on the certifcate
- Three copies of identification from the person giving permission
- Application form
Requesting a Proof of Divorce Order
Another important step to register for same sex marriage is to get a proof of divorce if you’re previously married.
Once your divorce is granted, it will become final one month and one day later, unless a special order is made by the Court to shorten that time. Your divorce order will be available for you to download from the Commonwealth Courts Portal (the Portal) the next working day after the order has become final.
To access your divorce order:
- Go to www.comcourts.gov.au to log in.
- Go to the Available Files tab then select the All tab and choose your file.
- Under the Additional options for this file heading select List of orders.
- Select View Orders in the right hand column in the row next to the Hearing divorce event type to open the digital order.
- Print. It is better to print the divorce order double sided and in colour.
Marriage Certificate Application
A marriage certificate is an official copy of your marriage registration beld by the NSW Registry of Births, Deaths & Marriages. If the marriage occurred in NSW, you can apply online, by post, or in person at a Service NSW Centre.
For more information, you can read about marriage certificate application here.
From 9 December 2017, same-sex couples are treated the same as other married couples in Australia. It does not matter whether the marriage happened:
- before or after 9 December 2017
- or overseas (if the NSW government would recognise it as a valid overseas marriage)
Same-sex marriages that took place overseas are generally recognised in Australia. Thus, if the government recognises your union, you can’t get married again in Australia. However, you may choose to hold another type of ceremony such as:
- confirmation of vows
- recommitment ceremony.

Discuss Your Case with a Family Law Expert
Marriage cases vary because there might be unique circumstances that surround the issue. Thus, if you want to make sure whether you’re on the right path or, simply, just want to know what your first step should be, you must talk to a family lawyer.
JB Solicitors’ lawyers are family law experts who can help you register for same sex marriage, same sex divorce discuss your options, and assist you with whatever legal issue you need to resolve.
Contact us today if you need legal help about same sex relationships and marriages or overseas same sex marriages.