LEGAL ISSUES
NOTICE OF INTENDED MARRIAGE (NOIM)
Once you have selected your celebrant, there is a legal requirement to give One Calendar month’s Notice (1 Month + 1 day) of your Intention to Marry by lodgement of the NOIM. As Celebrants get bookings months ahead, it is advisable to complete this NOIM (Form 13 – available from the Celebrant or downloaded from:
http://online.justice.vic.gov.au/CA256902000FE154/Lookup/BDMApplication_Forms/$file/Notice_Form.pdf
as early as possible as it is required for legal purposes by the Registry of Births, Deaths and Marriages (BDM) and for preparation of your Marriage Certificate. You are also required to provide supporting documentation as identification.
The Notice, once completed, remains valid for a period of 18 months.
Within Australia
When a party completes the NOIM in Australia, it may be signed in the presence of any of the following:
An Authorized 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.
Supportive documentation required:
- Either a Birth Cert or Extract of Birth Cert. showing date and place of birth of the party, or a Stat Dec. according to regulations.
- If party is born overseas, a Passport issued by a government of an overseas country, showing the date and place of birth of the party.
- If divorced – please provide Decree Absolute or Certificate of Divorce.
- In the circumstances of death – Death Certificate/Extract of Death Cert. of former spouse.
- If a party to an intended marriage has not turned 18, consents or dispensations will be required under the Marriage Act 1961 before proceeding. Also, a person under 18 years is not of marriageable age, and cannot be a party to a marriage unless he/she obtains an order from the Court under Section 12 of the Act.
Overseas Criteria
If one party is from overseas, special visa formalities and procedures need to be strictly adhered to. If relevant documentation is provided, the Celebrant may then provide Notice of Intended Marriage and Letter of Confirmation to support the Visa application.
If party signs the Notice of Intended Marriage outside Australia – it must be signed in the presence of:
- an Australian Diplomatic Officer or,
- an Australian Consular Officer or
- a notary public, or
- an employee of the Commonwealth authorized under paragraph 3© of the Consular Fees Act 1955, or an employee of the Australian Trade Commission.
Shortening of Time - instead of usual 31 days notice.
A Shortening of Time may be considered, if the Prescribed Authority is satisfied that circumstances prescribed in the regulations are met.
These are specifically:
- Employment related or other travel commitments
- Wedding or celebration arrangements, or religious considerations,
- Medical reasons
- Legal proceedings and
- Error in giving Notice.
Decision to Retain or Change Your Name
A very important decision arises after marriage - To Retain or Change your Name??.
Your identity is what you have borne since you were named as a child – your sense of self, the image you carried in your growing years, as an adult and what you have made of yourself until the day you marry! When you marry some things will certainly change in your life, however feel proud and strong in your belief of who you are, what you believe is your heritage, your identity, handed down as your inheritance by your parents and then decide whether you wish to change your name and bear your partner’s name for life. Remember it will from then on be handed down to any children from the marriage and carries the honourable title of your spouse and yourself. In business, it will no doubt take a few months to establish your new name. People are habitual and patterned to routine - acceptance of the new name will eventually be recognized. Therefore some may wish to retain their maiden name to avoid confusion. Others may wish to be immediately recognized by their new married name and endeavour to send out notifications of new status to all institutions, friends, work colleagues, etc. It is also very common to retain both maiden and married name thus hyphenating the surname. This works admirably if both names are easily pronounced, e.g. Taylor-Smith. However, it may be awkward for someone to say: “Excuse me Mrs Jacobson-Constantinopolis”. Again it is a matter for thought and personal preference. There is no doubt familiarity will eventually be accomplished.
There is also the alternative of using either your maiden name or your new name as your middle name. This alternative preserves the memory and lineage of your own ancestors and heritage. Whatever you decide …. Practice it several times aloud or on paper, prior to making this important change.
A Standard Registered Marriage Certificate available from Births Deaths and Marriages in your own State is advisable – it is available usually 14-21 days from date of marriage. You will however need to apply to the Registry-BDM and all applications must be accompanied by 3 forms of identification. This may then be used to change passports, inform Insurance, VicRoads/Other Institutions of your change of Name or Status.
A person may use a new name without any formal steps. At Common Law a person will not actually change his/her name until the person has used and become known by the new name. Under the Registry’s legislation, the name is changed once it is registered. A person is legally able to change his/her name at any time. If a person alters their name or uses an additional name with the intention to act fraudulently or with intention to deceive, or in any other way which contravenes the law, they may be subject to criminal proceedings.
How do I apply for a change of name?
At any other time – application for change of name can be made by downloading and completing a change of name application form. If applying by mail, photocopy the required proof of identity documents and have them certified by a member of police.
Do I need to apply for a change of name when I marry?
Change of name at marriage to your partner's surname or a combined surname is done as a matter of custom, not law. An official Australian Marriage Certificate as issued by the Victorian Registry of Births, Deaths and Marriages is usually sufficient as evidence to have documents such as passports and bank accounts changed to the married surname. From the date of your marriage you may use the new name you decide upon without having to apply for a change of name. Please check the requirements with the relevant organization.
A person who has changed their name through marriage may revert to the name recorded on birth certificate or to a previous married name at any time without registering Change of Name with the Registry. You need to produce your birth certificate and marriage certificate to show you are the same person. If you marry overseas and intend to apply for an Australian passport in your new name, or update a Victorian driver's licenced with VicRoads, you may need to register a Change of Name to satisfy their requirements.
(Information extracts from Marriage Act & Govt. websites).
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