The Notice of Intended Marriage
In amongst all the really fun and exciting preparations for your wedding, the legal paperwork looms. It looks overwhelming and tedious. It doesn’t have to be! The first thing to do is get the Notice of Intended Marriage lodged. Part of your celebrant’s job is to ensure that you are guided through this process stress-free.
In this post, I want to explain the Notice of Intended Marriage. What it is, why it’s needed, and how to fill it out.
In Australia, couples getting married need to lodge a Notice of Intended Marriage with their chosen marriage celebrant. This needs to be done at least one calendar month prior to their ceremony. (But not more than 18 months prior.)
Why do we have to fill out a NOIM?
Several reasons!
Think of the NOIM as kind of a ‘cooling off period’. This is to ensure both parties to the marriage are entering into it with fully informed consent.
The NOIM is sent off by your celebrant to Births Deaths and Marriages in the state/territory you are married in. This is done after the ceremony along with other marriage paperwork. BDM then registers your marriage.
The NOIM is also a legal document that the Australian Bureau of Statistics- uses to collate non-identifying statistics on marriage in general. As the ABS states: “Annual data is provided on the ages, marital status, country of birth and previous marriage details. (Number of marriages, how last marriage terminated; children) for the bridegroom and bride of each marriage registered in the reference year.”
And finally, the NOIM is how celebrants authorised by the Attorney General’s Department, confirm your identity and your place and date of birth. This is important, as it is a legal union that is taking place.
What if we really need to be married before the one- month Notice period?
Read more about that here
What do we need in order to fill out the NOIM?
- Each of you will need to provide to the celebrant EITHER an original birth certificate (or an official extract of an entry in an official register showing place/date of birth) AND photo ID;
- OR a certificate of Australian Citizenship and photo ID;
- OR a passport, which serves the purpose of both identifying you through a photo as well as proving your date and place of birth.
- OR a statutory declaration relating to place and date of birth, only if it is practically impossible to obtain either of the above.
- If one of the parties has been married previously, they need to provide evidence of the end of the previous marriage (divorce certificate, death certificate, or evidence of annulment).
When can’t I marry?
- You need to both be over the age of 18, OR if one of you is not yet 18, you need an approval by a court. (In Australia you must be at least 16 years of age to marry, and under no circumstances can 2 people under the age of 18 marry each other).
- In Australia, you cannot marry a parent, grandparent, child, grandchild or sibling.
- If you are already married to someone else.
- You must understand what marriage means and be freely consenting to the marriage.
What if I am still waiting on a divorce?
You can still have the NOIM lodged if a divorce is pending. BUT the new marriage cannot be solemnised until evidence of divorce has been presented to the celebrant.
How do we fill out the NOIM?
Your celebrant can help you if needed, either in person or via phone/email/ video call. Personally, when a couple books me, I send them a link to fill in some preliminary details so I can get their NOIM generated. Then I meet with them to witness their signatures. If that isn’t possible, I send them off to an authorised person who can witness their signatures. Alternatively, you can download the form from the Attorney General’s website here, fill it out yourselves, and get one of the approved authorities listed on the NOIM to witness your signatures. Then you need to send the completed NOIM to your celebrant.
As with any legal document, it needs to be filled out LEGIBLY and in BLACK or BLUE pen (if done by hand). Accuracy is also very important. If the couple is able to meet up with me in person, that is fabulous- we usually meet at a quiet café, they bring their identity documents and evidence of date/place of birth and after we fill it out we have a more in-depth conversation of what kind of ceremony they think they want. That’s a topic I cover here!
What if my partner is away and can’t get his/her signature witnessed within the one-month period?
That’s OK, IF there is a genuine reason why it is impractical. For example, I have had couples where one party is in the armed forces and unable to have the NOIM witnessed as they are overseas in a remote location. The NOIM can be lodged with just one party to the marriage having signed it. The other party can sign it at some point in the presence of the celebrant, prior to the marriage being solemnised. The celebrant needs to ensure, however, that the other party has full knowledge and consent to the marriage.
Who can witness our signatures on the NOIM?
The NOIM must be signed in the presence of an authorised witness. Persons who are authorised to witness your signatures are as follows.
- if the party signs the Notice in Australia. An authorised celebrant, a Justice of the Peace, a barrister or solicitor, a medical practitioner, or a member of the Australian Federal Police or the police force of a state or territory.
- if the party signs the Notice outside of Australia. An Australian Consular Officer, an Australian Diplomatic Officer, a notary public, an employee of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1955, or an employee of the Australian Trade Commission authorised under paragraph 3(d) of the Consular Fees Act 1955.Note: For the definitions of Australian Consular Officer and Australian Diplomatic Officer, see section 2 of the Consular Fees Act 1955.
The remainder of the NOIM is filled out by your celebrant.
I hope this has helped!
Get in touch via email or give me a call today on 0404047313 to see how I can assist you!
You can find the latest version of the NOIM here.
