As part of the legal requirements for marriage in Australia, the Notice of Intended Marriage (NOIM) is a crucial document that must be completed by both parties intending to marry, and the celebrant facilitating the process. Here, we outline the responsibilities of both clients and celebrants to ensure compliance with Australian marriage law.
Client Responsibilities:
Submission of the NOIM Form:Clients must submit the NOIM form to their celebrant at least one month before the wedding. The form is valid for up to 18 months, so it can be submitted well in advance.
Personal Details & Documentation:You must complete your personal details on the NOIM form. Make sure to provide full, accurate information, including names, birthplaces, and marital status.You are also required to provide the following documentation:
Original birth certificate or passport for proof of identity and age.
If either party has been married before, proof of the dissolution or death of the previous spouse is required (e.g., divorce papers or a death certificate).
Signing the NOIM:Both parties must sign the NOIM in the presence of an authorised witness. In Australia, this could be your celebrant, a police officer, or a JP. If signing outside of Australia, you must do so before a notary public, an Australian diplomatic/consular officer, or an equivalent authority.
Ongoing Communication:Ensure you communicate any changes to your circumstances (e.g., name changes, relocation) to your celebrant. This helps prevent delays or legal complications.
Celebrant Responsibilities:
Receiving the NOIM:Celebrants are responsible for receiving and lodging the NOIM at least one month before the marriage takes place. They must confirm that it is correctly filled out, signed, and witnessed as per legal requirements.
Verifying Documentation:Celebrants must verify the identities of the parties by reviewing original documents such as birth certificates, passports, or divorce/death certificates. They must ensure these documents are valid and correctly referenced in the NOIM.
Informing Clients of Legal Obligations:Celebrants have a duty to inform clients about their legal rights and obligations under Australian law. This includes outlining the requirement to sign a Declaration of No Legal Impediment to Marriage shortly before the wedding.
Storing & Submitting Documents:Celebrants must securely store the NOIM and related documents until the wedding is conducted. After the marriage ceremony, celebrants are responsible for lodging the marriage paperwork with the appropriate Registry of Births, Deaths, and Marriages within 14 days.
Assistance and Guidance:Celebrants should be available to offer assistance in completing the NOIM and ensure all sections are filled out correctly. They should also guide clients through any legal queries and provide clear instructions on documentation requirements.
Useful Resources:
Attorney General’s Marriage Law and Celebrant Section:Notice of Intended Marriage (NOIM) Information
Australia Marriage Celebrants Association:Legal Requirements for Completing a NOIM
By understanding and fulfilling these responsibilities, both clients and celebrants can ensure that the legal process of submitting the NOIM is smooth, efficient, and compliant with Australian marriage law.