Notice of intended marriage




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COMMONWEALTH OF AUSTRALIA



Marriage Act 1961

NOTICE OF INTENDED MARRIAGE


Note: See regulation 38 Marriage Regulations 1963 (Cth).
Please read all NOTES (including PRIVACY NOTES) included in this form, and complete this form in TYPE or by using BLOCK LETTERS.



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:

  1. 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.

FOR CELEBRANT’S USE


Marriage arranged:
for........................................... am/pm

(time)
on............................................................. (day of week)


................................................................... (date)
at ..............................................................
...................................................................

Commonwealth of Australia



Marriage Act 1961

NOTICE OF INTENDED MARRIAGE


To: ................................................................................................

.......................................................................................................

.......................................................................................................

[insert name and address of proposed celebrant]

FOR OFFICIAL USE ONLY

Registered No.





The following parties give notice of their intended marriage:




BRIDEGROOM

BRIDE





































Day


Month


Year


Day


Month


Year


Years


Months


Years


Months




























1 Surname
2 Given names
3 Usual occupation
4 Usual place of residence

(full address)




5 Conjugal status (for example, never validly married, widower, widow, divorced)

6 Birthplace— (if born in Australia—

insert city or town, and State or Territory;

if born outside Australia—insert city or

town and country)



7 Date of birth

8 If party born outside Australia,

total period of residence in Australia


9 Father’s name in full (If not known, write

unknown. If deceased, add “deceased”)


10 Mother’s maiden name in full (If not known, write “unknown. If deceased, add “deceased”)
11 Father’s country of birth (If not known, write “unknown”)
12 Mother’s country of birth (If not known, write “unknown”)
































Day


Month


Year


Day


Month


Year




If a party has been previously married, that party must give the following particulars:



13 Number of previous marriages
14 Year of each previous marriage ceremony

(If known, give date)


15 Number of children of the previous marriage or marriages born alive (whether now living or deceased)

16 Year of birth of each of those children
17 How LAST marriage terminated

(Insert “death”, “divorce” or “nullity”)


18 Date on which last spouse died, or date on which dissolution of last marriage became final, or nullity order made

Are the parties related to each other? Yes No
If yes, state relationship
Signature of bridegroom Signature of bride

Signature of witness* Signature of witness*


Qualification Qualification


Date............/............/............ Date............/............/............
* This Notice must be signed in the presence of any of the following:

(a) if a party signs the Notice in Australia—an authorised celebrant, a Commissioner for Declarations under the Statutory Declarations Act



1959, a justice of the peace, a barrister or solicitor, a legally qualified medical practitioner, or a member of the Australian Federal Police or

the police force of a State or Territory;

(b) if a party signs the Notice outside Australia—an Australian Consular Officer, an Australian Diplomatic Officer, a notary public, an employee of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1955, or an employee of the Australian Trade Commission authorised under paragraph 3(d) of the Consular Fees Act 1955.

Note: For the definitions of Australian Consular Officer and Australian Diplomatic Officer, see section 2 of the Consular Fees Act 1955.



PARTICULARS TO BE COMPLETED BY AUTHORISED CELEBRANT

Date notice received by celebrant


Rites used Place marriage solemnised

Date marriage solemnised

*Strike out words not required

Strike out if inapplicable

Birth certificate(s) produced
Registration number of birth certificate

*Statutory declaration(s)

regarding birth produced

Australian† or foreign†

passport produced


BRIDEGROOM BRIDE BRIDEGROOM BRIDE


† Evidence of *death,

*nullity or *dissolution

Passport number If dissolution or nullity, insert Court location




# Current drivers licence produced

† For marriage of a party under 18 years:

- consents received

- court approval


Drivers licence number Authority for marriage despite late notice

- not applicable


# Current proof of age card or evidence of age card produced
Proof of age card number or evidence of age card number
# Current identification card displaying the cardholder’s photograph produced
Type of identification card
Number of identification card
# Note: For use if photographic evidence of identity is sighted by the authorised celebrant to satisfy the requirements under paragraph 42(8)(a) of the Act.

Have you given the document referred to in



subsection 42(5A) of the Act to the parties?

BRIDEGROOM BRIDE Official use only




Celebrant’s number

Celebrant’s signature










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