Notice of Intended Marriage (NOIM)
PRIVACY NOTES
Section 42 of the Marriage Act 1961 (the Act) requires that a marriage shall not be solemnised unless a notice in writing of the intended marriage, in the prescribed form, is given to the authorised celebrant solemnising the marriage.

This Notice is the prescribed form for this purpose.

• The authorised celebrant to whom the Notice is given sends the Notice to the Registrar of Births, Deaths and Marriages of the State or Territory in which the marriage takes place, after the marriage ceremony. The Registrar uses
the information in the Notice to register the marriage.

• The Registrar of Births, Deaths and Marriages then sends the Notice to the Australian Bureau of Statistics (the ABS), which requests information about these matters under the Census and Statistics Act 1905. The ABS records non-identifying information from the Notice, and uses the information to generate national statistics on marriage and
the family in Australia. Personal identifying information is not retained.

NOTES

MARRIAGE OF ANY PERSON UNDER 18 YEARS WITHOUT AN ORDER OF A JUDGE OR MAGISTRATE IS INVALID.
UNDER NO CIRCUMSTANCES CAN 2 PERSONS UNDER 18 YEARS MARRY EACH OTHER.

1. If a party to an intended marriage is unable, after reasonable inquiry, to state any information required in the Notice, he or she should write “unknown” in the relevant space on the form. To make the Notice effective, he or she must also give the authorised celebrant a statutory declaration stating that he or she is unable to state the information required in the Notice, and the reason for that inability. However, a statutory declaration is not necessary in relation to the information required under item 9, 10, 11 or 12 of the Notice, or the date of a previous marriage ceremony under item 14 of the Notice.

2. The marriage cannot be solemnised until after one calendar month from the date the authorised celebrant receives the Notice unless, under subsection 42(5) of the Act, a prescribed authority has authorised the marriage to be solemnised
before that time has elapsed. Also, the marriage cannot be solemnised:

(a) if the authorised celebrant receives the Notice more than 18 months before the proposed marriage (see paragraph 42(1)(a) of the Act); and
(b) unless the authorised celebrant has satisfied himself or herself that the parties to the proposed marriage are the parties referred to in the notice given under section 42 of the Act in relation to the marriage (see paragraph 42(8)(a) of the Act).

3. Section 104 of the Act makes it an offence for a person to give the Notice to an authorised celebrant or to sign it if, to that person’s knowledge, the Notice contains a false statement or an error or is defective.

4. If a party to an intended marriage cannot conveniently sign the Notice at the time it is intended to give notice of the
intended marriage, the other party may sign the Notice and give it to the proposed authorised celebrant. However, in that case, the party who has not signed the Notice must sign it in the presence of that celebrant or another authorised celebrant before the marriage is solemnised.

5. Section 42 of the Act requires certain documents to be produced to the authorised celebrant before the marriage is
solemnised, in particular:

(a) evidence of the date and place of birth of each party; and
(b) if a party is a divorced person or a widow or widower—evidence of that party’s divorce, or of the death of that party’s spouse. If a party has been divorced in Australia, the authorised celebrant should sight court evidence of the decree upon
dissolution of marriage.

6 If a party to an intended marriage has not turned 18 (unless he or she has previously been married), he or she must
obtain the necessary consents or dispensations required under the Act, and the authorised celebrant must sight those
consents or dispensations before proceeding with the marriage. Also, a person under 18 years is not of marriageable
age, and cannot be a party to a marriage, unless he or she obtains an order from the court under section 12 of the Act.

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