****This post has been edited today - 12th June 2024
The signing of the NOIM now been passed by the Royal Assent of the Attorney-General's Portfolio Miscellaneous Measures Bill 2023 as a permanent way to witness
According to the Attorney General Department in Australia, Section 42 of the Marriage Act 1961 (the Marriage Act) requires that a marriage shall not be solemnised unless a notice in writing of the intended marriage is given to the authorised celebrant solemnising the marriage.An authorised witness may legally sign in the ‘Signature of witness box’ on page 4 of the NOIM, if they have observed the party signing the NOIM, whether or not by means of a facility that enables audio and visual communication between persons in different places. For example, this could include where the witness has observed the signature of the party through videoconferencing facilities such as Skype or Zoom. Such NOIMs signed and witnessed remotely during the specified period should be accepted despite the note on page 2 of the NOIM stating that the ‘Notice must be signed in the physical presence of an authorised witness’
This paragraph above is from ag.gov.au but I want to explain things to you in simple form, because the majority of my clients haven’t been through this process before.
The Notice of Intended Marriage is the first legal paperwork you need to complete before you can marry in Australia, and there’s no way you can marry without completing this. This needs to be completed and given to your celebrant within 18 months of your wedding date, or at least one calendar month prior to your wedding date **
By completing this together or separately, you are ‘lodging your intention to marry’ your person at a certain location and on a certain date.
Here are the simple steps to follow;
1. Download the Notice of Intended Marriage
2. Read through pages 1 + 2 pages so you have a complete understanding of the legal obligation you are entering into with your chosen lover (remembering you can’t be married to someone else, although your divorce may be pending when you complete the notice. You also can’t be related to each other, eg/ you can’t marry your mums or dads, sisters or brothers… adopted siblings included)
3. Complete page 3 online, or print out pages 3 + 4, and complete page 3 in full.
4. Organise a day/time to Zoom or Facetime with me. Please have your passports or birth certificates + drivers licence ready to show me on camera as photo identification. If I had a dollar for every person that laughs about their passport photo I’d be a rich woman! You really should be allowed to smile at the very least…
5. During the online meeting you’ll sign page 4 and I will witness you doing that. You then scan or take a clear pic of pages 3 + 4 and email it back to me ***
6. I will then print out both pages and sign page 4 as your certified witness.
7. You’ve now lodged the notice of intended marriage and you’re good to go!
Being able to complete this with me online is so convenient but just remember that this is only an option until the 31st December 2023, unless the Government amends the Marriage Act to make a permanent legislation change. Fingers crossed they do x
** There are special considerations given if you need to be granted a ‘shortening of time’ to get married without giving notice within in the legal timeframe. Please ask if this applies to you.
*** Did you know you can use the scan function on your iPhone to get a clear scan of pages 3 + 4! so easy. You’ll find this function within your iPhone ‘Notes’ app (see pics below)
