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Notice of Intention to Marry
The authorized 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 to register the marriage.
The Registrar of Births, Deaths and Marriages then sends
the Notice to the Australian Bureau of Statistics, 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.
For a copy of the Notice of intent to Marry
MARRIAGE OF ANY PERSON UNDER 18 YEARS WITHOUT AN ORDER OF A JUDGE
OR MAGISTRATE IS
UNDER NO CIRCUMSTANCES CAN 2 PERSONS UNDER 18 YEARS
MARRY EACH OTHER
If a party to an intended marriage is unable, after reasonable inquiry, to state
any information required in this Notice, he or she should write
in the relevant space on the form. To make the Notice
effective, he or she must also give the authorized 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,
or the date
of a previous marriage ceremony under item 14.
The marriage cannot be solemnized until after 1 calendar month from the date the
authorized celebrant receives this Notice unless, under subsection 42 (5) of the
Marriage Act 1961, a
prescribed authority has authorized the marriage to be solemnized before that
time has elapsed. Also, the marriage cannot be solemnized if the authorized
celebrant received the Notice more than 18 months before the proposed marriage.
Section 104 of the Marriage Act 1961 makes
it an offence for a person to give this Notice to an authorized celebrant or to
sign it if, to that person's knowledge, the Notice contains a false statement or
an error or is defective.
If a party to an intended marriage cannot conveniently sign this 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 authorized celebrant. However, in
this case, the party who has not signed the notice must sign it in the presence
of that celebrant or another authorized celebrant before the marriage is
Section 42 of the Marriage Act 1961
requires certain documents to be produced to the authorized celebrant before the
marriage is solemnized, in particular:
(a) evidence of the date
and place of birth of each party; and
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.
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 Marriage
and the authorized 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.