Who's Responsible:

Notice of intended marriage form

Backdating

The date of receipt of the Notice of Intended Marriage cannot be backdated. Solemnising a marriage without the proper notice having been given is an offence (Section 99).

Shortening of notice time

Section 42 of the Act provides that, prior to a marriage taking place a Notice of Intended Marriage (NOIM) must be given by the couple and received by the authorised celebrant solemnizing the marriage.  That notice must be given not earlier than 18 months before the date of the marriage and not later than one month before the date of the marriage.  In other words, the authorised celebrant must receive the NOIM at least one month, and no more than 18 months, before the wedding date.

Situations arise from time to time when a couple will approach a celebrant seeking to be married with less than a month available to give the required notice.  In many cases there will be a legitimate reason for this and so it is provided for in the Marriage Act 1961 and the Marriage Regulations 1963.

Prescribed authorities (usually staff of the Local Courts or Registry officials) can shorten the required period of notice if they are satisfied that circumstances prescribed in the regulations are met.

There are the five categories of circumstances set out in the regulations.  These are:

• Employment related or other travel commitments,
• Wedding or celebration arrangements, or religious considerations,
• Medical reasons,
• Legal proceedings,
• Error in giving notice.

The reason for seeking a shortening of time for notice must fall within one of the categories before an application can be considered.  There is no capacity to grant shortening of time outside these circumstances.  Shortening of time is not automatic.  When making a decision the Registry of Births, Deaths and Marriages (BDM) or prescribed authority will weigh up the information provided in support of the application and may seek additional information as outlined in the regulations.

• See Prescribed Authorities

Transfer

Couples have the right to change celebrants and the original celebrant must accept the couple's decision and facilitate the transfer of documents in a professional manner. The first marriage celebrant must ensure the Notice of intended marriage form is transferred safely by hand or registered post. The original civil marriage celebrant has a right to charge for the services provided already.

Overseas

A Notice of Intended Marriage form signed outside Australia must be signed in the presence of:

• an Australian Diplomatic Officer;
• an Australian Consular Officer;
• a notary public;
• an employee of the Commonwealth authorised under para 3(c) of the Consular Fees Act 1955;
• an employee of the Australian Trade Commission authorised under para 3(d) of the Consular Fees Act 1955.

When the signature of one party to an intended marriage cannot conveniently be obtained, one party may sign and lodge a Notice of Intended Marriage form, but the other party must also sign the form in the presence of the authorised celebrant before the marriage takes place. The celebrant must be satisfied that the party who has not signed has a genuine reason for not being able to do so at the time the Notice is lodged and is fully aware of the marriage.

You may receive a Notice of Intended Marriage by fax although you should also obtain the original prior to the marriage taking place.