Giving the couple a copy of their NOIM

I have completed a NOIM with a bride for a ceremony next year, the groom lives in the USA and they are submitting a prospective marriage visa application. When signing the NOIM with the bride I provided a letter of support but she also wanted a copy of the NOIM for her lawyer. I said I wasn’t able to provide this and the letter should be enough (I have done a few of these now and no other couple have asked for it and visas have been processed). I double checked this with some other celebrants at the time as I was sure we were not supposed to pass on copies of the NOIM to anyone and they agreed, do not pass it on. Anyway today the lawyer called me asking for the NOIM again. I advised the same thing and she was super nice about it but said in 5 years I am the only celebrant to have ever said no…………. SO am I wrong or is she wrong? I don’t want to hinder their visa application in any way but I also want to follow our rules!

Wedding location on the marriage paperwork

I am doing a backyard wedding next week (the couple have changed their mind at the last minute) so do I need to put their street address as the location, along with the town and state? I can’t find any guidance in the Guidelines about how nailed down the location has to be but I remember in my Cert IV that I had to write location as well as town and state.

Registering Australian marriages overseas

Just wanting some advice on how you inform couples on how to register their marriages aboard? E.g  A Scottish couple marry here, and ask you how they register their marriage in Scotland. I understand they need to have the Original Marriage Certificate apostille stamped, before their government will recognize it as a true document, however where can they get this done? The Australian Embassy in their country or??

Marrying in your birth name after changing your name by marriage

I have a bride that is divorced but still goes by her previous spouse’s surname. In regards to moving forward and taking on the new spouses name – does she have to go through any special process or will she just go to her organisations and show her divorce cert, and new marriage certificate to change to her new surname? In regards to the paperwork NOIM etc – if she shows me her birth certificate, but a passport/drivers licence with her previous married surname – as long as I’m satisfied that it is the same person, and she is who she says she is, does it matter? And i fill out the documentation with her maiden name?

Celebrant numbers at 10 June 2019

How many celebrants who perform civil ceremonies decided to become Religious Marriage Celebrants after marriage equality was introduced? I counted in 2018, and I’ve counted again in 2019. Enjoy the fruits of my nerdom!

Can we marry people on the water or in the air in Australia?

Elle asks: I have a wedding where I am marrying the couple on a boat, we are all going to get on and cruise for 10mins until the couple get a feeling like yep lets pull up here and then I will do their ceremony, then the boat will carry on for couple of hours whilst everyone has drinks, food and watches the sunset. So in regard to Location of marriage on paperwork, NOIM and Marriage Docs as I won’t know the coordinates until we literally pull up, do I just write the coordinates in quickly before I call everyone in to kick ceremony off or can I fill when we go to sign docs? And am I just writing the coordinates, or do I need to put the boats name also?

Change of name by marriage and the NOIM

Some of you may recall this little rant I went on after the updated Guidelines were released last year: “Change of name by marriage: A party who has changed their name by marriage, and retained their previous spouse’s surname, must record that surname on...

Taking over a wedding from another celebrant

“A local celebuddy and I have recently been chatting about being a primary back-up celebrant for each other. As a fairly new celebrant, it got me wondering how other people manage replacements when you have to cancel at short notice (or even on the day). Do you ask the new celebrant to use your script (even if it’s very much in ‘your’ voice)? How do you divide payment? Do you partially/fully refund the couple because you’ve not completely fulfilled the contract? What if you’re in a car accident on the way to the ceremony and you have all the paperwork on you?”

Witnessing the NOIM: how much information is required?

Lauren asks: “I got this question from my bride and I’m second guessing myself! ‘Went up to the police station on Sunday and got this signed, but I just wanted to check before I send you the original…in the qualification section, is it fine that it just says police officer? I only realised when looking at it later that there is no section for the witness’ name or identification number or anything, so hoping this is ok!’

A massive change to how marriage celebrants can sight ID

For the past six months I have been pursuing a line of inquiry with the Attorney-General’s office Marriage Celebrants Section over the line in the Guidelines section 4.4.2: It is not acceptable for a celebrant to accept a NOIM and/or supporting documents via videoconferencing services such as Skype. Actual documentation must be received by the celebrant.

Interpreters and translators

Sarita asks: We’re away at the moment and then the couple in question head away as we get back – so the NOIM will be getting lodged in Jan, with a day to spare. The bride is from China and all her ID is in Chinese. As long as I tell them to get the passport, (birth certificate) & drivers license/ID card interpreted by a NAATI registered interpreter – is that all ok? Just wanted to check I’m not missing anything as it’s my first time doing a marriage that will involve an interpreter. 

When to provide documentation to couples

Peter asks:

By when in the process must we have given the required documents to the couple?

I have been giving the required documents (happily ever…, code of practice, complaint info, etc.) with the engagement letter / quote, however, often I only have an email address at this stage for one party, not both. As I understand it, this doesn’t satisfy the requirements of the act (giving happily ever… effectively to only one party).

Upon booking, that’s when I get my now clients to give me their complete contact information. I’ve trialed different methods of getting complete contact info on enquiry but nothing has really been effective.

I’m trying to optimise my systems and I don’t want to send more emails in my workflow than I have to, so I was wondering can I send this info at the point of our planning meeting (circa 4 months out) as part of an email that already sits in my workflow rather than at the point of booking?

Signing two Official Certificates of Marriage electronically

Alison asks: This might be more of a Josh question because it’s about electronic paperwork – or maybe it is for Sarah because of the legal side. I’m performing my very first ceremony tomorrow (hooray!) and I’ve received permission from the ACT BDM to accept electronic signatures and to submit the paperwork by email. I’ve watched Josh’s video for how to sign the marriage paperwork on an iPad and I’m all set to go.

Lodging marriage paperwork electronically

Hey there.. a question – I’ve just registered to submit ceremonies online in NSW (I am in Vic). In reading the manual, I discovered you can scan/lodge all official documents ONLINE once the ceremony is over and that’s that. I emailed them to ask if that was for real – we don’t need to mail the official docs in? They emailed back that is correct and we just file the documents.

Now – that’s not what the Act says. Hmmmmm. I don’t want to be responsible for holding the originals. I asked a few celebrants who all say they send the docs in as well. One celebrant said he rocked up to NSW BDM to hand the documents in and they flatly refused to take them from him, saying once they are uploaded online there is no need for the BDM to have them.

So I guess they are binning / destroying all the original docs people are sending them, if those same docs have been uploaded online.

I am dying to know: what do you two do when registering a marriage in NSW then uploading the documents? Do you send/destroy/keep the originals?

Different signatures by parties

A celebrant asks: I have received a Notice of Errors in documentation email from BDM. They have requested the bride provides a stat dec indicating why her signature on the NOIM and Marriage Certificate are different. Is there wording we can provide on the stat dec to assist completion? Can we provide a scanned copy of the stat dec to BDM (or do they need to sight originals)

When a party’s recorded sex is different from their gender identity

A celebrant asks: The groom was born female, and identifies as male. He is male on his passport (that’s the doc I saw for ID purposes), but he’s just asked me if it poses any problems that his birth certificate lists him as ‘female’. I said no, because the changes to the rules have allowed for him to identify as male, so no dramas at all. However, my question is do I need to write a note of explanation in the ‘Additional Information to BDM’ section online? I know they sometimes cross reference with birth certificates and I don’t want to put the groom to any trouble by having to justify his gender. (I’d prefer not to make an issue of it by raising it if I don’t have to, but I know BDM can sometimes be a bit heavy-handed and insensitive).

Cost to register a marriage?

A celebrant asks: Does each state charge different fees to submit completed marriage docs? I’ve got weddings in NSW, SA and VIC coming up and I can’t find any details on costs associated with registering the paperwork? 

Documents translated by overseas services

§ MEMBERS ONLY CONTENT Alice asks: I’m lodging a NOIM for a couple where the bride is Japanese. She has a passport (which is in English), but Japanese passports do not include place of birth, so I’ll also have to use her birth certificate (which is in...

Correcting errors on the NOIM

§ MEMBERS ONLY CONTENT Bree asks: Some of my parties have completed their NOIMs ready for our meeting and for me to witness. I have noticed as I have gone to log them into BDM that there are certain things I am concerned about as follows:- Use of blue pen for...

New draft NOIM. Sarah’s thoughts

§ MEMBERS ONLY CONTENT Hopefully all registered celebrants received an email from the Attorney General’s Department on 27 September 2018, inviting feedback on a new version of the Notice of Intended Marriage. Only members have access to the full article – To...

Change of name and identity documents

Sean asks: Bride has officially changed her name. Has new birth certificate with new name on it. Her passport still has her old name on it. Can I accept her passport as photo ID for completion of NOIM? I’ve written before about what to do if the names differ on the...

Dissolving a registered relationship

Charis asks: My client has registered a relationship. She was never married but registered a relationship with BDM. They told her she could not get married until this is cancelled by them. Do I record this info anywhere? She has never been validly married so I feel as...

What it’s like to be deregistered

351 Australian marriage celebrants were deregistrated this week because they “did not pay the celebrant registration charge“ and here are the three letters they received after their initial invoice: Date: Wed, 8 Aug 2018 12:07:09 +1000 Subject: Annual Celebrant...

Uploading documents to NSW BDM from a Mac

A little tip for celebrants using the NSW Lifelink system. I tweeted at the NSW Justice Department decrying their developers of not allowing Mac users to upload documents into Lifelink and one of their staff wrote me back with this little tip.  Don’t worry,...

Co-delivering a marriage ceremony

Josh asks: I have a celebrant mate of mine whose registration is pending with the AG’s office. But, she has a friend’s wedding coming up towards the end of September, which is the reason why she completed the course. I initially completed the NOIM for her and kept the date in September free (just in case), but what would you recommend I do to help from here? Should I just hang tight and wait for the AG or can I take care of the legals and have the other celebrant deliver the ceremony (other than the legal elements of course)? Also how would this work if the other celebrant has spent the time getting to know the couple and I have simply helped in a legal capacity? It’s definitely possible for an authorised celebrant to manage the legalities of the ceremony while another person (whether a pending celebrant or a friend of the couple) delivers the “ceremonial” aspects of the ceremony. 

Parents’ names on the NOIM. Part 2

I've written previously about listing parents' names on the NOIM, and I've had some follow up questions (from a celebrant who had totally read the first post, yay!): 1) Recently received a NOIM by email (interstate couple) where the Father is listed as 'Unknown' -...

Proof of divorce: what, when, how?

A celebrant asks: Divorce certificates. They just get me confused as to what I need to sight, how I need to sight it and what I definitely need to record. What I'd really like clarified once and for all is:-- Do I need to see the original certificate?-- If it's from a...

One month notice period: we won!

Some of you will have been following my post about the updated guidance received on the one month notice period. If you haven’t had a chance, feel free to review it before you read on.  I’m absolutely thrilled to announce that this morning at 11.40am I...

Names in the legal vows

Jac asks: I have a bride who no longer uses her birth name for anything except forms. Her invites use her preferred name. She has actually said it’s causing her anxiety that her birth name be used during the ceremony.   Am I right in saying that during mandatory...

Office facilities for civil celebrants, what’s required?

Alison asks: I’m currently studying to become a marriage celebrant, but there is one thing that worries me about setting up my practice once authorised: the home office. I currently live with flatmates in the city, so space is limited. I’m only planning on doing the celebrancy thing as a side gig (at the moment) as an antidote to my corporate day job, so renting full-time office space isn’t practical. In your interpretation of the Marriage Act and Code of Practice, would it be appropriate to maintain an “office” in my lockable bedroom, securing documents in a locked filing cabinet, while renting a separate interview space when needed or offering to meet couples in their homes? Can you recommend any other solutions?

Personal vows and their content

Veronica asks: I know according to section 45(2) of the Marriage Act, couples are required to say “I call upon the persons here present to witness that I, A.B. (or C.D.), take thee, C.D. (or A.B.), to be my lawful wedded wife (or husband); or words to that effect.” When it comes to couples personalising their vows, aside from the previous mentioned, do couples have to say certain things, or are they free to say what they see fit?

The rules for commitment ceremonies

Jac asks: I have a couple coming up. They got married a year ago (pretty much for their families to have a religious ceremony). None of their friends know this though. Before getting married officially for their parents, they said they would only do it their parents'...

Parents’ names on the NOIM

Listing the parents' names on the NOIM is often a huge headache. What if one of them changed their name? Do you put their name when they were born or when the party was born? What if there's a spelling error in their name on your birth certificate? What if they go by...

Running side hustles alongside your celebrant business

We’ve had a couple of anonymous questions on this in the last week, so I’m going to pop them both in here: I’m looking at expanding my services other than just celebrant. At the moment I have a little side gig where it is wedding packages with hair, make up and myself this is run on a separate facebook page. But I’m wanting to possibly offer ceremony styling as well. Just wanted to check it I could advertise this on my celebrant website under a tab “Ceremony Styling” and offer DIY or we setup and dismantle the ceremony. Think simple to start with chairs, flowers and arch. Just before I go making any purchases just wanted some feedback and advice. Thanks!

And: I am currently working for a theatre company and intend to keep working for them, but I want to be able to do weddings occasionally and for friends. However because I’m trained in fashion and costume I thought I’d be able to offer wedding dresses but from what I can understand I can’t? I understand how that can be a conflict of interest now but I was wondering where you draw the line within packages and extras. If I can’t even offer custom veils as an inclusion of a package then I feel like all my other hard earned creative making abilities are of no use?

Ceremonies in public spaces and copyright

Jac asks: The guidelines state that weddings are usually considered 'private in nature' and so playing music, reading poems etc is fine. The examples the guidelines list are all indoors. What if the ceremony is in a public space? Do you have to get insurance for this...

Period of residency on the NOIM

NOIM question: I know it says in the Guidelines if a person is in the country for a matter of days you leave the period of residency blank. Is that right? The only time I leave it blank is when they are born here, and I wouldn’t want there to be any confusion with an overseas-born person if I left it blank and BDM thought I’d made a mistake and forgot to fill it in.