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Marriage Registration - The legal stuff

If you are planning a Waiheke Island wedding it may be best to make sure you gave all the legal requirements covered before the big day. This can be done in New Zealand or overseas. 

What sort of marriage ceremonies are there?
There are two kinds of ceremony. One is a civil ceremony held by a Registrar of Marriages in a Registry Office. The other is a ceremony held by an authorised marriage celebrant, including ministers of religion, at any other place, including places of worship. If you decide to be married by a celebrant you need to make an agreement with them about where and when the marriage will take place, and the type of ceremony.

What are the legal steps we must take to get married?
To get married in New Zealand you require a marriage licence. Before you apply for the marriage licence you must:

• Arrange for a marriage celebrant or Registrar to perform the ceremony

• Arrange a place for the ceremony

One of you must:

• Go to an office of a Registrar of Marriages to complete a 'Notice of Intended Marriage (BDM 60), and sign the statutory declaration saying you are legally free to marry

• Pay the fee normal office hours Monday to Friday, 9am to 4pm

What if I'm applying for the marriage licence from outside of New Zealand?
If you are applying for the marriage licence from outside of New Zealand, the only difference is in regards to the form you complete (BDM 58), and the signing of the declaration. If you are overseas, the declaration must either be signed by a Commonwealth Representative, and then sent (with payment) to the Registry Office in New Zealand closest to where you will be married. Or, you can complete everything on the form except the declaration, and send it (with payment) to the Registry Office in New Zealand closest to where you will be married. When you arrive in New Zealand, visit that office, sign the declaration and collect the marriage licence.

How long does it take to get a marriage licence?
If approved, the licence will normally be issued in three days and it is valid for three months.

What does 'legally free to marry' mean?
It means that you are not married already, are 16 or over (and have parental consent if aged under 20), and are not closely related to each other in certain ways.

How do we know who we cannot marry?
The back of the 'Notice of Intended Marriage' form gives a full list of people you cannot marry. In general, you cannot marry a close relative by blood or marriage. This includes relatives by adoption and some step relatives. You may not marry someone of the same gender as you. If you are not sure of your situation contact us for further information.

What are the legal requirements for all marriage ceremonies?
The legal requirements are that:

• The marriage must be performed in the presence of a marriage celebrant or Registrar

• The marriage must be performed in the presence of at least two witnesses

• You must make certain vows to each other and sign the registration forms

Children may act as witnesses if they understand the importance of the part they take in the recording of the marriage.

How do we find a marriage celebrant?
All celebrants are listed in the New Zealand Gazette. This is available at Births, Deaths and Marriages offices and agencies, most libraries, and Citizens Advise Bureaux. If you want to marry in a church, or other place of worship, contact the administrative office of that place to find out if a marriage celebrant is appointed to perform marriages there. Your local Registrar of Marriages will have a list of independent celebrants and some may also be listed in the Yellow Pages under 'Marriage Celebrants'.

Where is our nearest Registrar of Marriages?
The contact details for your nearest Registrar of Marriages can be obtained by contacting us. A Registrar of Marriages is located in most cities and towns throughout New Zealand. Outside of Auckland, Wellington and Christchurch they are often located at the local District Court. Please note that not all District Courts have a Registrar of Marriages, please contact either the courts directly or contact us to confirm that a Registrar of Marriages is located there.

If we decide to get married by a celebrant, where can we get married?
You can get married at any place you and the celebrant agree on. The place must be stated on the marriage licence, so it is a good idea to include an alternative place, particularly if you plan to get married outdoors.

What happens if we are married by a Registrar?
You need to make arrangements with the Registrar about a time and date for the ceremony. This date must be at least three days and less than three months after you give notice of your intended marriage. The cost is NZ$120.00, which includes the ceremony and the licence.

What time of the day can we get married?
You can have a Registry Office marriage during normal office hours (Monday to Friday, 9am to 4pm). You may be married outside normal office hours or on other public holidays only if the Registrar agrees to perform the ceremony and an additional fee is paid. You cannot have a Registry Office marriage on Sundays, ANZAC Day, Good Friday or Christmas Day. You can have a celebrant marriage on any day, and at any time, upon which you and the celebrant agree.

What if either of us has been married before?
If either of you have been married before, and the marriage has been dissolved, you will be asked to produce evidence of the dissolution (eg Divorce/Dissolution Order) when you give notice to the Registrar. If your previous spouse has died you do not need to produce evidence of their death, but you will need to give the date of death on the 'Notice of Intended Marriage' form.

How old do we have to be to get married, and do we need parental permission?
Both people must be 16 or over and anyone under 20 needs parental permission. Please contact us for further information.

Does my name have to change when I get married?
No. In New Zealand it has been customary for a woman to assume her husband's surname after marriage. In some cases couples are combining their names to create a new family name, or some husbands are assuming their wife's surname on marriage. None of these changes affects your registered birth name.

Source New Zealand's Department of Internal Affairs.