Category: Our Guidelines to Australian Marriage Law

(Sorry for the radio silence on my behalf – I’ve been answering members’ questions, but otherwise frantically working on all things Life Skills Training, which hasn’t left much time for writing blog...

A Celebrant Institute member asks: “I know celebrants are required send all the legal documents after the wedding day or submit via lifelink within 14 days of the ceremony but what actually happens if we forget?” Sarah’s on holidays this week but luckily for you, this is a question even I can answer.

Lots of the questions celebrants ask me relate to how far they can push the legislative requirements or ethics of our role. I have one simple test you can apply to any situation

I’ve had a couple ask about what happens with there names after they are married. I’m not sure if I’m meant to know or if it’s some what part of my role but what is the legal action for changing the couples names after the ceremony?

While I’ve talked a lot about how I sign my paperwork on an iPad, you’re welcome to choose your tablet and software of choice, I haven’t detailed exactly where the paperwork comes from.

Of course you can [download blank marriage paperwork] from the Attorney-General’s office, and if you wanted to find the shortest link between the AGD website and signing it on an iPad, you could literally treat that blank paperwork like blank physical paper. But there’s a better way and it depends which state you live in.

A member asked for help with the Queensland BDM pushing back on a marriage registration and wanting more info on parents.

What is the minimum required information needed to accept a NOIM, and can you accept a NOIM without yet seeing proof of identity and date and place of birth?

I read the latest Marriage Celebrant Matters Newsletter and it states that “Hard copies of the Notice, DNLI or any supporting documents (divorce orders, parental consents etc) do not need to be kept once lodged electronically with the registry of births, deaths and marriages (BDM). Celebrants may wish to retain these documents until the marriage is registered”

Does this include all the previous hard copies we kept and lodged electronically? Because previously we were suppose to keep the hard copies for X years from what I remember. I think it was 5 years from memory.

It’s here again, the most dreaded question on the NOIM. We do know it’s being removed from the next iteration of the forms, but given they’ve been on their way for 5 years, don’t hold your breath. Liane...

Once a NOIM has been submitted to the NSW Registry BDM, do you know if that one has to be used, or if it could be abandoned and brand new NOIM submitted to a different celebrant?

A couple from America have gone gung ho and booked to elope in December. They have their heart set on coming into their wedding on a camel!

I advised them that this our ‘wet’ season and there may be a chance of rain and will need a plan B. However there is no plan B option for a camel to be involved….which is their whole motivation for getting married in this destination. The cameleer has advised them that they definitely need a plan B too. He has asked them potentially plan to have the wedding on 2 consecutive dates (28th and 29th Dec) so that if it is raining on the first date, they can do it on the second date.

I advised them that this isn’t possible due to the NOIM limitations. Anyway I got to thinking, is it totally illegal to fill in 2 NOIMS – one for each date? I feel like this would be a no-no but I guess I want to satisfy my curiosity

If you’ve been following an earlier blog post where we made submissions to our local MP regarding removing some redundant parts of the Marriage Act of 1961, well, I got an update:

I have a Jane Brown (married name from her third marriage – the marriage I am looking after will be her fourth)

She uses the name Jane Brown in everyday use, and has Jane Brown on all her current documents. The only document she has with her maiden name (Jane Smith) is her birth certificate.

She has asked if I can use her maiden name, Jane Smith, in the ceremony on the day?

Party to the marriage is completing their NOIM and has advised me that:
1) her father is not listed on her birth certificate or any other official/legal documents relating to her identity
2) she knows who her father is, and they are involved in each other’s life
I’m aware we don’t have to check evidence of parents names – so just wanted to double check that I am correct in advising that she should list her father on the NOIM despite him not appearing on her birth certificate (as to write ‘unknown’ would be to knowingly make a false statement on the NOIM)?

With the new law, we are able to sight their identification online, so can we do the same if they sign the documents in front of us but online? So signing in America, we watch them do that over Skype, then they mail us the form, and we sign NOIM and date when we watched them sign over Skype.

On this week’s podcast episode I talked about contacting our local member of parliament to request a change to the Marriage Act of 1961. The act requires two official certificates of marriage be prepared, which in a digital age where we’re creating PDF certificates, is a little redundant.

Cass asks: I’m marring a couple in October and one of them can’t find his birth certificate and he’s looked everywhere. He seems to think it can’t get posted to him in time to fill out the NOIM. He only has a passport and not a drivers license or proof of age. Is there any other form of ID he can use like Medicare or like proof of residency? Sorry, I tried looking it up and can’t quite figure out how to use other IDs on the NOIM?

“I’m confused about a tick box on the NOIM with these words beside it “Authority for marriage despite late notice – not applicable”. It does not have an asterisk or dagger next to it for actioning (i.e. strike out words not required, or strike out if inapplicable). Can you advise when and what this should be actioned for please?”

I’ve written before about how easy it is for parties to get a copy of their divorce order if they were divorced in Australia. I’ve also written about the changes in the 2018 Guidelines that allow us to accept a stat...

How do you lock down clear processes for legals? I often have the issue of legals being pushed to a short and sweet without them paying for that.

Shamini asks: I’ve got a couple who came here as refugees (by boat) 9 years ago and are looking to get married. In terms of ID they have a travel document that is provided by the Australian Govt (looks like a passport). Is...

A celebrant friend has asked me to be a standby in case she cannot officiate her nieces wedding next month. I am meeting the couple this week so we can all feel comfortable and I will also check ID’s so I am happy with that aspect. The best outcome is that I am just there on the day and she is well enough but we are both wanting to be prepared so her niece has a legal and memorable wedding with no glitches. Is this enough?

US citizens marrying in Australia; are there any differences for us to be aware of?

What does “signing electronically” actually mean?

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!

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.

When do I need to sight proof of the end of a previous marriage?

I have a groom who is a foreign national, but this is not the first time he lived in Australia – he lived here as a child as well. Does ‘Total Period of Residency’ only refer to his most recent stint, or is it a sum of all the times he has lived here?

Dee asks: After reading the guidelines I’m after some clarification regarding a NOIM. One of my couples have unfortunately had to postpone their wedding. Am I right in thinking the below : – If the wedding takes place with...

Trying to input previous marriage’s children’s birth years on VIC BDM site… there are 5, it will only accept 1. I’ve tried commas and with out, not go.

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??

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?

After a chat with some other celebrants recently, it occurred to me that I had no idea what our annual registration fee actually goes towards other than a vague concept of it supporting the Marriage Celebrants Programme. What benefits do we receive in return for our compulsory registration fee?

I have a groom whose status in Australia is as a ‘permanent resident’ which was granted last year. (He is from the UK.) To be sure to satisfy both myself and also the couple, this status does NOT require any additional paperwork/applications etc to legally marry here in Australia, correct?

On page 4 of the NOIM, in the tiny font underneath the signature panels, there is a list of people who can witness the signatures of the parties on the NOIM. There’s a rather confusing entry in this list for people who can...

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!

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...

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!’

As anyone who’s reading this will be aware, the rollout of the Victorian BDM’s new online registration system, Registry Information Online (aka RIO) has been less than smooth. As I write this I’m locked in a text conversation with our very own Josh; he’s the techiest person I know and even he’s confused. Things that work one day don’t seem to work the next; you ring the helpdesk and get a “solution” that is really just them fiddling around until it suddenly works for no good reason, etc etc etc.

Let’s face it, the new BDM online registration system implementation has not had the smoothest roll-out in the history of tech roll-outs. It’s certainly not a particularly intuitive, user-friendly system, and I’m disappointed at the number of issues with it. However I also know BDM are working really hard to rectify the issues as soon as possible.

Sometimes (often?) Josh and I disagree on the answer to a question. This was one such time… Bree asked: I have a grandparent as a witness this coming Saturday who has a very shaky hand and is apparently really nervous...

A celebrant asks: I have a question about sighting ID when the Celebrant and marrying couple are in different states. I have a number of family and friends in other states that have asked me to perform their ceremonies for them,...

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...

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...

[MM_Access_Decision access=’false’]§ MEMBERS ONLY CONTENT Klara asks: I have a couple where one of them wants to change their first name (well, actually drop their first name and take on their middle name) and...

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. Anyone who’s listened to me talk at OPD or...

A celebrant asks: Groom previously married – all documents are satisfactory. Bride previously married – Has returned to her maiden name. Provides Passport in maiden name & Driver’s Licence in maiden name...

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...

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...

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...

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...

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...

A celebrant asks: I’m marrying a couple next year – Party 1 is female; Party 2 is a transgender male. What I want to clarify is that if Party 2 has neither a birth certificate or passport in his common usage name...

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...

A question came to us: I am marrying a couple of brides this week and when I talked about the ID I’ll need to witness beforehand, one piped up that her name on her Birth Cert is different to all other ID but she’s never officially changed it. So her photo ID is going to be different surname to her Birth ID. She doesn’t have a passport. I thought I’d need to use her original name on all marriage docs (for avoiding future issues with passports etc) but am I correct or can I use her preferred surname even though the paper-trail lacks an official name change?

Candice asks: I have a couple wanting to elope with just their parents and children present. I’m just writing because after looking at the guidelines I’m still a bit unclear and just need clarification on the use of a qualified interpreter. My couple are both deaf and they communicate via Auslan and of course their own beautiful way. Their parents are happy to sign and be there throughout our meetings and on the day. They can sign everything I say, and everything they say in return. Is this sufficient? Or do I need to advise them to organise a qualified person to come along? If the parents are okay to do this, do they still need to fill in a stat dec?