Yes, eloping is legal. An elopement is a marriage like any other, so it is binding when it meets the marriage law of wherever you marry: in the US, a marriage licence issued in the state where you marry and a signed certificate returned on time; in Australia, a notice lodged with an authorised celebrant at least a month ahead and two adult witnesses. A small guest list changes nothing about the law.
Every legal marriage, large or small, passes through the same three steps. Miss one and the law doesn't treat you as married.
Paperwork before the day. In the US that is a marriage licence issued in the state where the ceremony takes place. In Australia it is a Notice of Intended Marriage, lodged with your celebrant.
A ceremony the law accepts. Someone authorised to marry you, or in a few places the two of you, plus any witnesses that place requires.
Paperwork after the day. The signed certificate goes back to the county or the registry, which records the marriage.
Photo: terence b (Pexels)
Each state writes its own marriage law, and you get your licence in the state where you marry, whatever state you live in. Some states make you wait between getting the licence and marrying, and some require witnesses, so check with a county clerk in that state before you book flights.
Nevada shows how quick it can be. The Clark County Clerk, which covers Las Vegas, has no waiting period. You both need to be at least 18, apply in person together and bring original photo ID, and the licence costs $102.
Colorado goes further on who can marry you. Colorado law lets a judge, a magistrate, a public official or a religious officiant marry you, and also lets the couple solemnise the marriage themselves. Whoever solemnises it, or one of the couple if no one else did, must send the certificate to the county clerk and recorder within 63 days.
Australia has one set of rules for the whole country, under the Marriage Act. The Attorney-General's Department lists three requirements: an authorised marriage celebrant to perform the ceremony, two witnesses aged over 18, and a Notice of Intended Marriage lodged with your celebrant between 18 months and one month before the date.
Couples can't solemnise their own marriage here. The certificate signed at the ceremony is a keepsake, and the legal one comes from the births, deaths and marriages registry in your state or territory. For the rest of the planning, read our guide to eloping.
Photo: Lucas Kleipödszus (Pexels)
Usually, it is. An overseas marriage is generally recognised as valid in Australia if it was valid under the law of the country where it took place, and would also have been valid under Australian law, according to an Australian Embassy note on marriage recognition. You don't register it in Australia; the foreign certificate is the evidence.
The country you marry in sets the paperwork, and some ask for documents or days in the country before the ceremony. If that is more than you want to manage, one option is a quick legal ceremony before you leave, with the vows and celebration overseas. Our list of the best elopement destinations covers places that suit a small ceremony.
An elopement doesn't count as a marriage when one of these goes wrong:
No licence or notice. A ceremony without the paperwork that comes first is not a marriage.
No authorised officiant. Unless the place allows couples to marry themselves, as Colorado does, the person marrying you must be authorised to.
Missing witnesses. Australia needs two over 18, and some US states need witnesses too.
Paperwork not returned. In Colorado, the certificate has to reach the county within 63 days.
The marriage itself isn't valid. Australia won't recognise an overseas marriage where one of you was already married, was under age, is too closely related to the other, or did not truly consent, according to the same Embassy note.
If you're marrying abroad, our guides to eloping in Bali and eloping in Fiji are a good start.
Wedded Concierge finds the venue and arranges the suppliers for a small wedding, at home or abroad.
Written by
Senior SEO Specialist, Wedded Wonderland
Mark Tuason is the Senior SEO Specialist at Wedded Wonderland, where he writes and refreshes the brand's guides to destination weddings and cultural wedding traditions. He starts with the questions couples search for, checks the answers against trusted sources, and shapes each guide to help them plan, compare and book with confidence. Based in the Philippines, he specialises in content strategy and on-page SEO.
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