What is the earliest date a same-sex couple can marry?

I've seen some announcements in the media about same-sex couples who are planning to marry in January or February 2018, and have also been asked by several people about the earliest date they can have a wedding. Under the existing Marriage Act couples intending to marry must give at least one month's notice to an authorised marriage celebrant. According to the Prime Minister, the necessary changes to the Act will be made before Christmas. Assuming the Parliament passes the amendments this year, will same-sex couples be able to marry from 1st January,  and can they give notice of their intended marriage now? Here is the latest information available from the Attorney General's department.

• The Marriage Amendment (Definition and Religious Freedoms) Bill 2017 (‘Dean Smith Bill’) was introduced into the Senate on 15 November 2017. The requirements set out in the Marriage Act 1961 remain in place until such time as an Act of Parliament changes them. As such, celebrants are currently not able to accept a Notice of Intended Marriage (NOIM) from same-sex couples.
• The date from which same-sex weddings could occur in Australia will depend on the date the Australian law is changed to allow same-sex marriage.
• The final form of amendments to the Marriage Act 1961 is a matter for the Parliament. The department is unable to provide advice on the likely form of any legislative amendments, including amendments in relation to religious freedoms and protections.
• The department will communicate advice to celebrants and the public about changes to the Marriage Act 1961 as soon as possible after the passage of any amendments.

So, if you are hoping to marry early next year what, if anything, can you start doing now?

1. ​Expect that the requirement to give a month's notice will probably remain unchanged, and that the earliest date for giving notice will probably be specified in the amendments to the Act and is likely to be the date the amendments come into effect (i.e. some time after it passes through both Houses of Parliament and receives Royal Assent by the Governor General). So expect early January to be the earliest date to give notice, and February as the earliest date for a wedding.
2. Summer is a very popular time for weddings so many wedding and reception venues will already be booked out. Even public places like parks and beaches generally have to be booked with local councils. You may not be able to book your preferred venue so think about what is most important to you: an early date or the venue?
3. This is a busy time for celebrants too, so find a celebrant whose style you like (not all celebrants are the same!) and call them soon to discuss your options.
4. If either party has been married before you will need proof that the marriage has ended (e.g. divorce papers, or death certificate for previous partner), so make sure you have them or apply for them now. This will also apply to anyone who has been in a same-sex marriage previously, having been married in another jurisdiction where same-sex marriage is legal. If the marriage has ended you will need the required papers.
5. Currently both parties to a marriage must show their Celebrant original birth certificates or passports. If you don't have either then order them now. A celebrant will be able to tell you exactly what paperwork you need, so start getting it together immediately.
6. If  a same-sex couple has been married lawfully overseas and want to marry again in Australia they are unlikely to be allowed to do so, if the current legislation is a guide. Currently, a straight couple can't be married in Australia if they have already been married overseas, and this same rule is likely to apply to same-sex couples under the new rules as well.

As a Marriage Celebrant I am keeping a close eye on the changes and the passage of the legislation, and am in communication with the marriage celebrants' associations and the Attorney General's Department in order to have the correct information as soon as it becomes available. Don't hesitate to contact me with questions or simply to have a chat about your options.

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