The NOIM - Notice of Intended Marriage is the most important form that you will fill in with regards to getting your Legal Wedding plans underway. For what is a big Wedding Shindig without a legal wedding ceremony!!? The NOIM is the first piece of information along your paperwork trail to getting legally married in Australia. SO let's check out what this NOIM is all about.
Firstly you need to find a gorgeous partner with whom you wish to spend the rest of your days with. Next you choose a Celebrant that you're happy with and have agreed to their Terms and Conditions. So everyone's happy and on the same page, the next step is to fill in the Notice of Intended Marriage you can fill this in with your Celebrant or you can download the form, fill it in and have it witnessed by one of the following authorities:
- an authorised Marriage Celebrant
- a justice of the peace
- a Comissioner for Declarations under the Statutory Declarations Act 1959
- a barrister or solicitor
- a legally qualified medical practitioner
- a member of the Australian Federal Police or the police force of a State or Territory.
If you're overseas and need to get the NOIM witnessed, due to being unable to be in Australia before the NOIM is due, you will need one of the following authorities to witness:
- an Australian Diplomatic Officer
- an Australian Consular Officer
- a notary public
- an employee of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1955
- an employee of the Australian Trade Commission authorised under paragraph 3(d) of the Consular Fees Act 1955.
You would then deliver the NOIM to your celebrant, who will lodge the document in their filing system.
The Celebrant must receive the NOIM at least 1 month before the date of the wedding ceremony and no earlier than 18 months before the date of the wedding. There are circumstances where the date can be shortened, in which case a prescribed authority will need to allow this shortening of time. It is sometimes the case when one of the parties may not be present at the signing of the NOIM and it being sent to the celebrant 1 month before the wedding. This is acceptable as long as the remaining party sign the NOIM prior to the wedding being solemnised.
Proof of date and place of birth is required by the Celebrant to complete the back page of the NOIM. This ensures that you're whom you say you really are!! The Documents that you can use to prove this to your Celebrant are:
- an offical birth certificate, or an extract of an entry in an offical register, showing the date and place of birth of each party - these can be Australian or International
- or, a passport showing the date and place of birth of the party
- or, a statutory declaration made by the party or a parent of the party stating that, for reasons specified in the declaration, that it's not practical to obtain such a certificate and to state to the best of the declarent's knowledge of when and where the party was born.
So if you're born in Australia, have a passport or birth certificate, with the proof of the date and place of your birth then this is sufficient to use as your document for the NOIM. If you do not currently possess either of these documents, then you will need to apply for them via the Births, Deaths and Marriages office of the State that you were born. Make this a priority if you need to obtain these documents.People born overseas will need to provide the relevant documents or obtain them from their relevant government departments.
The celebrant can witness these documents when the NOIM is witnessed or at any other time prior to the marriage being solemised.
The Celebrant is also required to check your Proof of Identification, to make sure that you truly are whom you claim to be. These forms of ID can be:
- a driver's licence
- a proof of age/ photo card
- a passport
- an Australian citizenship certificate along with photographic evidence.
Have you been married before? If so, then you will need to provide evidence of death, nullity or dissolution to you Celebrant. If you do not have these documents then you will need to obtain them from the relevant Family Courts or BDM's of the State that's required.
So, as long as you're over the age of 18, you're not related and you can provide the forms of identification, proof of place and date of birth and any other documents required - then you've successfully completed your NOIM. Obviously having the document witnessed and in the Celebrants hands 1 month prior to the Big Day is also key to the legal success of your wedding. Now time to go back to fretting over the seating plan and the colour combos of your cocktails to suit your theme!! LOL!
Download the Notice of Intended Marriage by clicking on this link.