The law: Marriages & Civil Unions

THE LAW ABOUT MARRIAGE

What is a Marriage?

A marriage is the formalisation of a relationship between a man and a woman, in accordance with the Marriage Act 1955. The Marriage Act 1955 provides the criteria, rules and processes for two people to have their relationship solemnised as a marriage (by way of a formal ceremony) and officially registered in New Zealand.
Anybody can marry in New Zealand, as long as they are legally free to marry. Under New Zealand law this means that:

A marriage may only be entered into by couples of opposite sexes.
They are not already married or in a civil union with a person other than the person they will be marrying (or if they have been married, the marriage has been dissolved by a court of law).
They are old enough (16 or over, although parental consent is required if either party is 16 or 17 years old).
They are not closely related by blood, marriage, civil union or adoption. Details of these "prohibited" marriages appear on the form 'Notice of Intended Marriage', which is used to apply for a marriage licence.

If you do not live in New Zealand, you should check with the authorities in the place where you normally live to see if there are any special steps you must take or rules that apply when you marry in New Zealand.

Marriages registered in other countries will generally be recognised as marriages in New Zealand. Note, same-sex couples may not be married in New Zealand.

Marriage Ceremony

There are two types of marriage ceremony:

A ceremony solemnised by a Registrar of Marriages in a Registry Office. Registry Office ceremonies are not open to the public; and
A ceremony solemnised by an authorised Marriage Celebrant at a place other than a Registry Office. There is no legal requirement that a ceremony before a marriage celebrant be open to the public.

Registry Office ceremonies take place during normal office hours, but you can have a marriage celebrant perform your marriage ceremony at any time, on any day of the week.

During the ceremony before a marriage celebrant, and before at least two witnesses, each party must say the words "I AB, take you CD, to be my legal wife/husband" or words to similar effect.

If having a Registry Office ceremony before a Registrar of Marriages, and before at least two witnesses, each party must say the words "I AB, take you CD, to be my legal wife/husband". Please be aware if you are considering having a Registry Office ceremony, that they are standardised to meet the legislative requirements of getting married, which includes standard marriage vows.

Decide when and where you want to get married
You will need to know when and where you want to get married when you complete your application for a marriage licence. You should also choose an alternative venue in the event that the weather prevents you from marrying at your primary venue.

Choose a Marriage Celebrant
In New Zealand you must be married by an appointed marriage celebrant. This may be a Registrar of Marriages, an independent marriage celebrant, a minister of a church or a person connected with an approved organisation. Contact a Registrar of Marriages for a list of appointed marriage celebrants.

You will need to contact your marriage celebrant and agree on a time and place before applying for your marriage licence.

Get a Marriage Licence
To get a licence you will need to complete a Notice of Intended Marriage application form. If either of you have been married or in a civil union before, and the marriage or civil union has been dissolved, you may be asked to produce evidence of the dissolution (e.g. Divorce/Dissolution Order) when you give notice to the Registrar. If your previous spouse or partner has died you do not have to produce evidence of their death, but you will have to give the date of death on the Notice of Intended Marriage.

Make a Statutory Declaration
As part of completing the application form for a marriage licence, you need to make a statutory declaration. Either you or your partner will need to make a formal statutory declaration that there is no lawful impediment to the marriage (i.e. no legal reason that you both cannot be married), that the details given are true, that the bride and groom are not within the "prohibited degrees of relationship" and that consent has been given (where relevant).

If you live in New Zealand one of you must make this declaration in the presence of a Registrar of Marriages. Contact us for your nearest Registrar.

If both of you live outside of New Zealand:

You can send the form to the New Zealand Registrar of Marriages closest to where you intend to marry once you have completed the form, signed the statutory declaration and had it witnessed by a Commonwealth Representative. If it is convenient, you can have the declaration witnessed by a Commonwealth Representative, at our London or Sydney office. Note: only the Notice of Intended Marriage where both parties ordinarily resident outside New Zealand (BDM 58) can be signed by a Commonwealth representative.
Alternately, if you will be in New Zealand at least three working days before the ceremony (either the bride or groom, or both) you can sign the statutory declaration and have it witnessed by a Registrar of Marriages in New Zealand.
See Cheque Payments for a New Zealand Marriage Licence or New Zealand Civil Union Licence to check the locations of the Registry Offices in New Zealand. The contact details for your nearest Registrar of Marriages can be obtained by contacting us or contact the District Court for their addresses.
You should advise the Registrar of the date that you intend to collect the marriage licence (this must be at least three days after your completed form reaches the Registrar).

Consent to Enter into a Marriage

To get married both parties to the marriage must be at least 16 years of age. If either party is 16 or 17 years of age, they must obtain consent:

You must obtain consent' from each of your guardians (usually your parents) unless they cannot be located or are, as a result of incapacity, unable to give consent.
If none of your guardians are able to give consent, you must obtain consent from a relative acting in place of a guardian, or from a Family Court Judge.
If your parents or guardians refuse consent, you can apply to a Family Court Judge for consent to get married.

The completed 'Consent to Marriage of a Minor' must be submitted with the 'Notice of Intended Marriage' form.

When and How to Apply for a Marriage Licence

You will need to get a marriage licence from a Registrar of Marriages. To apply for a marriage licence one of the parties to the marriage must fill out the appropriate form.

If you live in New Zealand or will be in New Zealand at least three days before you intend to be married (either the bride or groom, or both) complete the Notice of Intended Marriage (BDM 60) form. You cannot complete the form online, as either the bride or the groom must complete a statutory declaration (part of the form). The statutory declaration must be made in the presence of a Registrar of Marriages. This must be done in person.
If you both live outside New Zealand and will arrive in New Zealand less than three days before the date you want to marry, you may be able to complete most of the formalities before you arrive in New Zealand. You will need to complete a Notice of Intended Marriage where Parties Ordinarily Resident outside New Zealand (BDM 58) form. 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. If it is convenient, you can have the declaration witnessed by a Commonwealth Representative, for instance, at our London or Sydney office. Note: only the Notice of Intended Marriage where both parties ordinarily resident outside New Zealand (BDM 58) can be signed by a Commonwealth representative. 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, you then need to visit that office, sign the declaration before a Registrar of Marriages and collect the marriage licence.
If you wish to change the form of your relationship from a civil union to a marriage you will need to complete a Notice of Intended Marriage, change of relationship from civil union (BDM 59) form. See: Changing a Civil Union to a Marriage

Marriage licences are only valid for three months from the date of issue. During that period you are free to marry at the place specified on the marriage licence. An alternative place of marriage may be specified on the licence, e.g. in the case of bad weather.

Paying for Your Marriage Licence

Marriage conducted at the Registry Office
If you wish for your marriage to be conducted by a Registrar of Marriages at the Registry Office, you must pay a fee of NZ$173.70 when you send in or hand over the completed Notice of Intended Marriage form. This includes the fee for the marriage licence and the ceremony. Discuss with the Registrar at the office where you plan to have the marriage ceremony of the date and time for your ceremony. Remember to include your contact details (e.g. a telephone number in New Zealand or an address) in case the Registrar needs to contact you.

Marriage conducted by a Marriage Celebrant
If you wish for your marriage to be conducted by a Marriage Celebrant, you must pay a fee of NZ$122.60 when you send in or hand over the completed Notice of Intended Marriage form. This includes the fee for the marriage licence but does not include any expenses of the marriage celebrant. The name of the celebrant must be given on the form in order for your licence to be issued. Only those persons appointed by the Registrar-General as Marriage Celebrants and whose names appear in the list of Marriage Celebrants in the New Zealand Gazette or at www.bdm.govt.nz have authority to solemnise marriages in New Zealand.

How to pay your marriage licence fee
Registry Offices will accept over the counter payments by cheque, cash, New Zealand money order or, in most offices credit card and EFTPOS.

If you are sending the fee by post from outside New Zealand, payment can be made by way of a bank draft (i.e. a bank cheque, which can be purchased at most banks) in New Zealand dollars. Who you make the cheque payable to depends on the Registry Office you intend to send your application to.

Collecting and Using Your Marriage Licence

A marriage licence is normally issued no sooner than three calendar days (e.g. it may sometimes be four or five days) after the completed Notice of Intended Marriage form is submitted and the fee has been paid.

Your marriage licence is valid for three months from the date on which it is issued. During that period you are free to marry at the place or places specified on the marriage licence.

If you change your venue before the marriage has taken place, you must advise the Registry Office from where your licence was obtained.

At the conclusion of the ceremony you will be handed a signed copy of one of the 'Copy of Particulars of Marriage'. The other copy will be returned to the issuing Registrar by your marriage celebrant.

Changing a Civil Union to a Marriage

Where a couple are in a civil union and are eligible to marry, they may change the form of their relationship to a marriage with the same partner without having to formally dissolve their civil union. To do this, you will need to complete a Notice of Intended Marriage, change of relationship from civil union (BDM 59) form. This form can only be signed before a Registrar of Marriages in New Zealand.

THE LAW ABOUT CIVIL UNIONS

What is a Civil Union?

The Civil Union Act 2004 provides the criteria, rules and processes for two people to have their relationship solemnised as a civil union (by way of a formal ceremony) and officially registered in New Zealand. A Civil Union may be entered into by couples of the same sex or by couples of different sexes.

Civil unions registered in New Zealand may be legally recognised in other countries, depending on the laws of that country.

In summary:

A civil union may be entered into by couples of the same sex or by couples of different sexes.
A civil union ceremony may be held before either a Registrar of Civil Unions in a Registry Office or by an appointed Civil Union Celebrant.
Consent to enter into a civil union must be obtained if you are 16 to 17 years of age.
Couples may change the form of their relationship between civil unions and marriages:
- Couples who are married to each other, and who wish to continue in a relationship with each other, may change the form of that relationship to a civil union without having to formally dissolve their marriage (which normally involves living apart for 2 years).
- Two people who are in a civil union with each other, and who are eligible to marry, may change the form of that relationship to a marriage without having to formally dissolve their civil union (which normally involves living apart for 2 years).

Civil Union Ceremony

There are two types of civil union ceremony:

A ceremony solemnised by a Registrar of Civil Unions in a Registry Office. Registry Office ceremonies are not open to the public; and
A ceremony solemnised by an authorised Civil Union Celebrant at a place other than a Registry Office. There is no legal requirement that a ceremony before a Civil Union celebrant be open to the public.

Registry Office ceremonies take place during normal office hours, but you can have a civil union celebrant perform your civil union ceremony at any time, on any day of the week. For information about locating a Civil Union Celebrant see How to Locate a Civil Union Celebrant.

During the ceremony before a civil union celebrant, and before at least two witnesses, each party must make a clear statement to the other that names both parties and acknowledges that they are freely joining in a civil union with each other.

If having a Registry Office ceremony before a Registrar of Civil Unions, and before at least two witnesses, each party must make a clear statement to the other that names both parties and acknowledges that they are freely joining in a civil union with each other. Please be aware if you are considering having a Registry Office ceremony, that they are standardised to meet the legislative requirements of entering into a civil union, which includes standard statements.

How to Apply for a Civil Union Licence

When a couple intend to enter into a civil union, they are required to complete the appropriate type of Notice of Intended Civil Union form, which includes a statutory declaration that both parties are free to be joined in civil union and that all the details supplied on the form are correct. If either party is 16 or 17 years of age, consent to enter into a civil union is required.

One of the parties must appear in person before a Registrar of Civil Unions to sign the statutory declaration and pay the required fee.

The Registrar of Civil Unions will issue your Civil Union Licence (normally no sooner than three days after receiving the civil union notice), together with two copies of a document known as a 'Copy of Particulars of Civil Union'.

You will need to deliver these three documents to your Civil Union Celebrant before the ceremony.

For further information about entering into a civil union view or print out Civil Union: A guide for couples preparing to enter into a civil union in New Zealand.

If You Ordinarily Live Overseas

If you live overseas and want to enter into a civil union in New Zealand you will need to complete a Notice of Intended Civil Union, where both parties are ordinarily resident outside of New Zealand.

Send the notice of intended civil union (with the required fee) to the Registry Office closest to the place where you want to have the civil union, ensuring that it reaches the Registrar of Civil Unions at least a week before you intend to have the ceremony. Contact us for the location details of the Registry Offices.
Collect the Civil Union Licence and the two copies of the Copy of Particulars of Civil Union.
If a Registrar of Civil Unions is to solemnise the civil union the statutory declaration can be signed before the Registrar immediately prior to the ceremony; otherwise you must sign the statutory declaration when you pick up the licence from the Registrar of Civil Unions.

Alternatively, before sending the notice of intended civil union to New Zealand the statutory declaration can be signed, while you are in your home country, in front of a Commonwealth Representative (i.e. an authorised diplomatic or consular officer of a Commonwealth country.) If it is convenient, you can have the declaration witnessed by a Commonwealth Representative, at our London or Sydney office.

For further information about entering into a civil union view or print out Civil Union: A guide for couples preparing to enter into a civil union in New Zealand.

Consent to Enter into a Civil Union

To enter into a civil union both parties to the civil union must be at least 16 years of age. If either party is 16 or 17 years of age, consent to enter into a civil union is required:

You must obtain consent from each of your guardians (usually your parents) unless they cannot be located or are, as a result of incapacity, unable to give consent.
If none of your guardians are able to give consent, you must obtain consent from a relative acting in place of a guardian, or from a Family Court Judge.
If your parents or guardians refuse consent, you can apply to a Family Court Judge for consent to enter into a civil union.

The completed Consent to Civil Union of a Person aged 16 or 17 must be submitted with the Notice of Intended Civil Union form.

Changing a Marriage to a Civil Union

A married couple who wish to continue in a relationship with each other may change the form of that relationship to a civil union without being required to formally dissolve their marriage. For them, the process begins with a Notice of Intended Civil Union, change of relationship from marriage form.

One of the parties must appear in person before a Registrar of Civil Unions to sign the statutory declaration and pay the required fee. At this time they will be required to provide evidence of their marriage.

The Registrar will issue your Civil Union Licence (normally no sooner than three days after receiving the notice of indented civil union), together with two copies of a document known as a 'Copy of Particulars of Civil Union'.

You will need to deliver these three documents to your Civil Union Celebrant before the ceremony.

For further information about entering into a civil union view or print out Civil Union: A guide for couples preparing to enter into a civil union in New Zealand.

Entering into a Civil Union Overseas

To determine whether you can enter into a civil union overseas, you will need to:

Find out what is required by the laws of the country in which you intend to have the ceremony; and
Make the arrangements yourself.

If the country where you are entering into a civil union requires it, Births, Deaths and Marriages can issue a 'Certificate of No Impediment' showing that a search of the registers has found no lawful impediment to the civil union. There is a fee for this service. Please contact us with the details of the country in which you will be entering into a civil union for the relevant fee.

To get a Certificate of No Impediment you will need to fill out the form Application for a Certificate of No Impediment to Civil Union in Another Country or Jurisdiction.

If the overseas relationship is one of those listed in the regulations, it will be recognised as a civil union in New Zealand. Certificates from the country where the relationship was registered can be used as proof of the relationship. If the certificate is not in English, some organisations may require you to produce a translation of the certificate.

If you are currently in an overseas relationship that is similar to a civil union but is not one of those recognised in New Zealand, you may wish to enter into a civil union in New Zealand. Prior to doing so you should seek legal advice as to what effect this may have on your current overseas relationship. If you do not wish to enter into a civil union in New Zealand, your overseas relationship may be recognised in New Zealand as a de facto relationship.

Paying for Your Civil Union Licence

Civil union conducted at the Registry Office
If you wish for your civil union to be conducted by a Registrar of Civil Unions at the Registry Office, you must pay a fee of NZ$173.70 when you send in or hand over the completed Notice of Intended Civil Union form. This includes the fee for the civil union licence and the ceremony. Please discuss with the Registrar at the office where you plan to have the civil union ceremony of the date and time for your ceremony. Remember to include contact details (e.g. a telephone number in New Zealand or an address) so that the Registrar can contact you if necessary.

Civil union conducted by a Civil Union Celebrant outside of a Registry Office
If you wish for your civil union to be conducted by a Civil Union Celebrant, you must pay a fee of NZ$122.60 when you send in or hand over the completed Notice of Intended Civil Union form. This includes the fee for the civil union licence but does not include any additional fee the Civil Union Celebrant may charge to cover their expenses. The name of the Civil Union Celebrant must be given on the form in order for your licence to be issued. The celebrant must be approved to conduct civil unions in New Zealand.

How to pay your civil union licence fee
Registry Offices will accept over-the-counter payments by cheque, cash, New Zealand money order or, in most offices, credit card and EFTPOS.

If you are sending the fee by post from outside of New Zealand, payment can be made by way of a bank draft (i.e. a bank cheque, which can be purchased at most banks) in New Zealand dollars . Who you make the cheque payable to depends on the Registry Office where you intend to send your application. Please see 'Cheque payments for a New Zealand Marriage Licence or New Zealand Civil Union Licence' for further information.

Collecting and Using Your Civil Union Licence

A civil union licence is normally issued no sooner than three calendar days after the Notice of Intended Civil Union is submitted and the fee is paid.

Your civil union licence is valid for three months from the date on which it is issued. During that period you are free to enter into a civil union at the place or places specified on the civil union licence.

If you change your venue before the civil union has taken place you must advise the Registry Office that issued your licence.

At the conclusion of the ceremony you will be handed a signed copy of one of the 'Copy of Particulars of Civil Union'. The other copy will be returned to the issuing Register of Civil Unions by your Civil Union Celebrant.