Category: Our Guidelines to Australian Marriage Law
Celebrants can witness NOIMs over the internet!
Posted by Josh Withers | Dec 21, 2021 | Our Guidelines to Australian Marriage Law | 3 |
How to record the location of a marriage ceremony ...
Posted by Josh Withers | Sep 19, 2021 | Our Guidelines to Australian Marriage Law | 1 |
Office facilities for civil celebrants, what’s required?
by sarahaird | Jul 20, 2018 | Our Guidelines to Australian Marriage Law | 4 |
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?
Read MoreThe Unofficial Guidelines on the ‘Guidelines on the Marriage Act 1961 for Marriage Celebrants’ for Marriage Celebrants
by Josh Withers | Feb 2, 2019 | Our Guidelines to Australian Marriage Law | 0 |
Deb writes in asking “I appear to get myself into hot water time and time again, by saying that the Guidelines are just that GUIDELINES, and the act and the regs are the actual LAW. Am I right?”
Read MoreRemote witnessing of NOIMS – help make it permanent!
by sarahaird | Jul 28, 2022 | Community News, COVID-19, Our Guidelines to Australian Marriage Law | 8 |
Let’s make remote witnessing of NOIMs permanent! We need your help to change marriage law.
Read MoreCan’t access a birth certificate but has a passport!
by sarahaird | Nov 16, 2019 | Our Guidelines to Australian Marriage Law | 0 |
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?
Read MoreTips for completing the compulsory OPD
by sarahaird | Sep 12, 2022 | CI, Our Guidelines to Australian Marriage Law | 0 |
We’ve had a lot of requests about whether we’re going to run a session providing info...
Read MoreWhat it’s like to be deregistered
by Josh Withers | Oct 4, 2018 | Our Guidelines to Australian Marriage Law | 0 |
351 Australian marriage celebrants were deregistrated this week because they “did not pay the...
Read MoreWhat exactly is a Commissioner for Declarations?
by sarahaird | Jun 11, 2019 | Our Guidelines to Australian Marriage Law | 4 |
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...
Read MoreHow to lodge marriage documents electronically with the ACT BDM
by Josh Withers | Aug 6, 2020 | Our Guidelines to Australian Marriage Law | 0 |
The Births, Deaths, and Marriages in Queensland, New South Wales, and Victoria, all have their own online systems for logging in online and submitting marriage paperwork electronically. The Australian Capital Territory BDM doesn’t have an online system, but they do accept via email.
Read MoreRemote witnessing of NOIMs in 2023
by Josh Withers | Jan 4, 2023 | Our Guidelines to Australian Marriage Law | 0 |
In early December the Commonwealth Attorney-General’s department’s Marriage Law and Celebrants Section let us know that the remote witnessing of NOIMs has been extended to 31 December 2023.
Read MoreDissolving a registered relationship
by sarahaird | Oct 7, 2018 | Our Guidelines to Australian Marriage Law | 1 |
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...
Read MoreHow to change what address appears on your AG Register listing
by sarahaird | Jun 19, 2019 | Marketing and Social Media, Our Guidelines to Australian Marriage Law | 0 |
As a follow-up to my recent post about a super easy and free advertising platform for Australian celebrants, this is how you can change which address is displayed in your listing. As mentioned in that post, I only display the...
Read MoreMinimum requirements for accepting a NOIM
by sarahaird | Jan 10, 2020 | Our Guidelines to Australian Marriage Law | 3 |
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?
Read MoreWitness signatures, or the one in which Josh and Sarah disagree…
by sarahaird | Nov 29, 2018 | Our Guidelines to Australian Marriage Law | 0 |
Sometimes (often?) Josh and I disagree on the answer to a question. This was one such time… Bree asked: Want to the rest? log in or become a...
Read MoreYou must call yourself a marriage celebrant
by Josh Withers | Aug 14, 2022 | Our Guidelines to Australian Marriage Law | 0 |
I’m sure that all of you have familiarised yourself with the Marriage Act of 1961, so you probably don’t have to read this, but on the off chance that Sarah Aird has schooled you, like she’s just schooled me, on some things in the Marriage Act, I thought I’d share them here. These are new changes since marriage equality was legislated. Today we’re talking about section 39G, Obligations of each marriage celebrant.
Read MoreNames in the legal vows
by sarahaird | Aug 4, 2018 | Our Guidelines to Australian Marriage Law | 0 |
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. Want to...
Read More16 Ways a celebrant can end up in jail for six months
by Josh Withers | Jan 17, 2023 | Our Guidelines to Australian Marriage Law | 0 |
Sarah and I have been reviewing the Guidelines to the Marriage Act and one chapter caught my eye and I thought maybe you didn’t know how many things you could do that would end you up in jail for at least six months, or with “five penalty units” whatever they are.
You can find it all detailed heavily in the actual Marriage Act of 1961, but here’s the list of things a celebrant can do that could end them up in jail.
Read MoreVisa/residence requirements for marrying in Australia
by sarahaird | Jul 9, 2019 | Our Guidelines to Australian Marriage Law | 0 |
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?
Read MoreDifferent signatures by parties
by sarahaird | Dec 13, 2018 | Our Guidelines to Australian Marriage Law | 2 |
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)
Read MoreSigning documents electronically under the new rules
by sarahaird | Oct 19, 2019 | Our Guidelines to Australian Marriage Law | 4 |
What does “signing electronically” actually mean?
Read MorePassports: how old is too old?
by sarahaird | Mar 15, 2019 | Our Guidelines to Australian Marriage Law | 0 |
Sean asks: I know expired passports are okay, as long as they haven’t been cancelled but is there a time limit on that? This one expired in 2012
Read MoreNames in the ceremony
by sarahaird | Dec 16, 2019 | Our Guidelines to Australian Marriage Law | 0 |
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?
Read MoreThe difference between religious ministers and civil celebrants
by Josh Withers | Mar 2, 2023 | Our Guidelines to Australian Marriage Law | 0 |
Karen asks: What are the differences/similarities, restrictions and allowances between a celebrant-led wedding and a church wedding, that is, by
an ordained minister. I have noticed a lot of confusion and even ignorance about what can and can’t be done when the question of faith is raised. Can a celebrant read a biblical text, what constitutes a church and why can’t all ministers perform weddings? I am a civil celebrant who came from a faith background and I know, there are many others as well.
What does our annual registration fee pay for?
by sarahaird | Jul 16, 2019 | Our Guidelines to Australian Marriage Law | 0 |
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?
Read MoreHow to make marriage paperwork PDFs, and where to send them
by Josh Withers | Jan 25, 2020 | Our Guidelines to Australian Marriage Law | 0 |
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.
Read MoreUS citizens marrying in Australia
by sarahaird | Oct 23, 2019 | Our Guidelines to Australian Marriage Law | 0 |
US citizens marrying in Australia; are there any differences for us to be aware of?
Read MoreWitnessing the NOIM via videoconferencing
by sarahaird | Dec 2, 2019 | Our Guidelines to Australian Marriage Law | 0 |
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.
Read MoreMy couple are breaking up, can I just not register their marriage?
by Josh Withers | Mar 26, 2023 | Our Guidelines to Australian Marriage Law | 0 |
Marie asks: I married a couple last night and when I got home registered the marriage and ordered their marriage certificate. This morning I woke up to a string of texts from the bride to not register the marriage and that she no longer wants to be married to him. What do I do? Or what do they do?
Read MoreWhat does Queensland BDM email people after their marriage is registered?
by Josh Withers | Jul 18, 2019 | Our Guidelines to Australian Marriage Law | 1 |
I’ve been telling couples that after their marriage ceremony the Queensland Births, Deaths, and Marriages will email them with “an opportunity to order their marriage certificate” but I had not actually seen one of those emails yet. I’m guessing you hadn’t either.
So here’s what the Qld BDM emails after you register a marriage online with them:
Read MoreSighting identity documentation when the couple isn’t together
by sarahaird | Dec 19, 2018 | Our Guidelines to Australian Marriage Law | 0 |
Precious asks: I have a couple that I’ve met but they forgot to bring their ID when they signed the NOIM. One of them is available tomorrow to come round with both of their ID, but do I need to see both of them at the same time I see their ID, or can I see partner A and both partner A and Bs ID then?
Read MoreProof of divorce: what, when, how?
by sarahaird | Aug 13, 2018 | Our Guidelines to Australian Marriage Law | 0 |
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: Want to the...
Read MoreParents’ names on the NOIM. Part 3
by sarahaird | Dec 6, 2019 | Our Guidelines to Australian Marriage Law | 2 |
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)?
Marry From Home – is it legal for Australian couples?
by sarahaird | Apr 11, 2023 | Our Guidelines to Australian Marriage Law | 1 |
Stephanie celebrant asks: I think many of us have seen and have been contacted by “Marry...
Read MoreParents’ names on the NOIM
by sarahaird | Jul 12, 2018 | Our Guidelines to Australian Marriage Law | 4 |
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 an anglicised name? The Guidelines on the Marriage Act 1961 for Marriage Celebrants have, until now, been silent on this matter, and it’s often been a point of contention between celebrants. Some celebrants say you should put whatever is on the party’s birth certificate, because the important thing is to be able to link all the records. Some celebrants say you should put whatever the father’s legal name is now, regardless of what it was when the party was born. But all that has changed with the release of the Guidelines on the Marriage Act 1961 for Authorised Celebrants 2018, so I was pleased to be able to answer the following question.
Read MoreSigning two Official Certificates of Marriage electronically
by sarahaird | Dec 22, 2018 | Our Guidelines to Australian Marriage Law | 0 |
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.
Read MoreStatutory declaration for evidence of date and place of birth
by sarahaird | Oct 31, 2019 | Our Guidelines to Australian Marriage Law | 0 |
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...
Read MoreLegalities for parties who are vision impaired
by sarahaird | Jul 12, 2021 | Our Guidelines to Australian Marriage Law | 3 |
Tania asks: I have an enquiry from a couple, one party is Visually Impaired. They would have the...
Read MoreParents’ names on the NOIM. Part 2
by sarahaird | Aug 13, 2018 | Our Guidelines to Australian Marriage Law | 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...
Read MoreWhat do celebrants legally have to say?
by Josh Withers | Mar 13, 2019 | Our Guidelines to Australian Marriage Law | 1 |
Kelly asks: What do we legally have to say? Just read guidelines and act section 45/46 and I’m reading we only need to say monitum and a couple the legal vow. I read/was trained that we have to introduce ourselves as the celebrant with the lucky job of marrying the shit outta the couple before us…but do we actually have to? I’m looking at making my intro less formal and hoping I’ve read it right.
Read MoreCorrecting errors on the NOIM
by sarahaird | Nov 15, 2018 | Our Guidelines to Australian Marriage Law | 0 |
[MM_Access_Decision access=’false’]§ MEMBERS ONLY CONTENT Bree asks: Want to the rest? log in or become a...
Read MoreWhen to provide documentation to couples
by sarahaird | Dec 26, 2018 | Our Guidelines to Australian Marriage Law | 2 |
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?
Read MoreLegals Only weddings: clarity for couples
by sarahaird | Nov 4, 2019 | Our Guidelines to Australian Marriage Law | 5 |
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.
Read MoreTaking over a wedding from another celebrant: logistics and money
by sarahaird | Mar 28, 2019 | Our Guidelines to Australian Marriage Law, The Business of Celebrancy | 2 |
“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?”
Read MoreWho can witness a NOIM under the title “legally qualified medical practitioner”?
by sarahaird | Jun 19, 2018 | Our Guidelines to Australian Marriage Law | 1 |
Notices of Intended Marriage signed in Australia can be witnessed by people with a number of different qualifications. Most are pretty straightforward: an authorised celebrant, a justice of the peace, a barrister or solicitor, or a member of the Australian Federal Police or the police force of a State or Territory. Easy, right?
Read MoreDocuments translated by overseas services
by sarahaird | Nov 17, 2018 | Our Guidelines to Australian Marriage Law | 2 |
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...
Read MoreWhat happens if we don’t submit the official marriage certificate to BDM within two weeks
by Josh Withers | Feb 4, 2020 | Our Guidelines to Australian Marriage Law | 3 |
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.
Read MoreEvidence of divorces granted overseas
by sarahaird | Nov 8, 2019 | Our Guidelines to Australian Marriage Law | 1 |
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...
Read MoreHow to record the location of a marriage ceremony on the water or in the air
by Josh Withers | Sep 19, 2021 | Our Guidelines to Australian Marriage Law | 1 |
Lizzie asks: “My couple is getting married on a boat in The Pittwater located on the Northern Beaches of Sydney. Please advise how I best record the “at” on the docs for a wedding adrift.” The Guidelines to the Marriage Act, in relation to the place a wedding would occur, gives this poor advice: “The marriage must be registered in the state or territory where the marriage was solemnised. To meet this requirement, and possible requirements of other countries for recognition of the marriage, marriages in aircraft and ships at sea should be avoided.” I’m not going to say they’re wrong, but they’re not right. Australian authorised marriage celebrants have the authority and the ability to marry couples anywhere and at any time on any day within Australia and its territories.
Read MoreChange of name by marriage and the NOIM
by sarahaird | Apr 3, 2019 | Our Guidelines to Australian Marriage Law | 2 |
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...
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