In the first three years after Australia’s historic 2017 marriage equality vote, over 14,000 same-sex couples celebrated their love by getting legally married.
It was a landmark victory for LGBTQAI+ marriage rights, finally defining marriage as “the union of two people”.
But this historic step also introduced the full spectrum of legal and financial responsibilities that come with marriage. Protecting the life you’ve built together is just as important as the ceremony.
This is a practical guide to the legal process for same-sex marriage and the other important conversations you should be having.
The ‘Who, What, When’ of Getting Legally Hitched
So, you’re planning the wedding. Before you start stressing over the seating chart, the legal process for same-sex marriage has a mandatory “guest list” of five people.
Here’s the breakdown of who, and what, you legally need.
- You need the two of you, obviously. Two people who consent to the marriage and are over 18.
- You need one (1) authorised celebrant. This is the person who will perform the ceremony and handle all the official paperwork.
- You need two (2) witnesses. Your best mates are perfect for this. They just have to be over 18 and actually watch you sign the certificates on the day.
- You need the ‘NOIM’ (Notice of Intended Marriage). This is the most important bit of paper. You must lodge this with your celebrant at least one month before your wedding.
- You need proof of who you are: This means providing a passport or an original birth certificate plus a driver’s licence.
- You must prove you’re free to marry. If you’ve been married before, the original, final divorce order is non-negotiable.
A same sex marriage lawyer isn’t required for this part, but they are for the next part.
Protecting the Life You’ve Already Built
For many couples, the 2017 law change meant they could finally legalise a partnership they’d been in for decades, bringing significant, established assets, businesses, or complex families into the union.
This makes the next three conversations arguably the most important.
Binding Financial Agreements (Pre-nups)
This isn’t about planning for failure; it’s about protecting two lifetimes of hard work. A pre-nup is a mature conversation about the assets, properties, or businesses you’ve each built.
A same sex marriage lawyer helps you draft an agreement that gives you both absolute clarity and security for the future.
Parenting and Surrogacy
Marriage is not an automatic fix for complex parenting arrangements. If you are planning a family through surrogacy or have children from a previous relationship, you must formalise your rights.
A lawyer can help with binding parenting plans or adoption orders to make sure both parents are fully and legally recognised from day one.
Wills and Estate Planning
This is the legal trap most people miss: in Australia, getting married automatically revokes any will you made when you were single.
You must create new, valid wills to protect your spouse and any children. Without one, your assets may not be distributed according to your wishes.
The marriage equality process gave all Australians the right to marry. Our job is to give you the advice to do it smartly. At Barker Evans, we are proactive family lawyers. We’re the ones you see before any problems arise, to make sure your new chapter starts right.
We specialise in helping LGBTQAI+ couples understand and work through the same sex marriage laws that Australia has in place before any problems arise. We can help you draft a Binding Financial Agreement, finalise parenting orders, or update your will.
Let’s have a conversation about protecting your future.