The Notice of Intention to Marry has a minimum one month wait period before the couple is able to be married. But sometimes circumstances arise where a couple have a need to shorten the One Month notice period before marriage. It is possible to shorten the minimum notice time for a marriage to less than a month if, and only if, the special circumstances set out in the Marriage Regulations 1963 are met.
Wahoo, does that mean we can get married tomorrow?!
Not necessarily as the circumstance must meet one of the following 5 criteria:
Employment–related, or other travel commitments
Wedding or celebration arrangements, or religious considerations
Medical reasons
Legal proceedings, and
Error in giving notice.
Shortening of time is not automatic.
When making a decision, the Registry of Births, Deaths and Marriages (BDM) or a Prescribed Authority will weigh up the information provided in support of your application and may seek additional information as outlined in the Regulations.
What do you need to do?
Step 1: Check that your circumstances satisfy the criteria
Shortening of time will ONLY be granted if there is sufficient evidence to show that your personal circumstances satisfies the criteria.
Step 2: Lodge your NOIM
This will include my witnessing you signing the NOIM.
I will then hand you:
the signed, complete and lodged NOIM for you to take to a Prescribed Authority
a letter stating that:
I am available to solemnise your marriage on the intended day if the shortening of time is granted.
A fee has been paid to me for the lodgement of the NOIM
I have been given an explanation as to why a shortening of time is required, together with an outline of the need
Completed Declaration of No impediment to Marriage, witnessed by the myself
Step 3: Prepare your evidence.
This may include completing any Application form required by the Prescribed Authority or writing a letter arguing your case for a Shortening of Time.
The evidence will include all of the following:
Application form/letter or Statutory Declaration,
The NOIM,
Celebrant’s letter,
Proof of birth documents,
Photo ID documents,
Your evidence of how the last marriage ended (if you were previously married),
Completed Declaration of No Impediment to Marriage witnessed by the Celebrant
All documentary evidence to support your application including, where relevant to the circumstances such as:
Letter from employer
Booking receipts confirming travel commitments
Passports
Evidence of religious considerations
Medical certificates/letter from a doctor and/or medical reports
Details & documents relating to legal proceedings,
Booking receipts for non-refundable payments to a venue and/or other vendors if the circumstance is Wedding/celebration arrangements
Wedding invitations if the circumstance is wedding/celebration arrangements
Proof there was an error in giving notice
Step 4: Attend a Prescribed Authority
Prescribed Authorities are usually local court houses and the Registry of Births, Deaths & Marriages office.
You will need to make an appointment to attend the Prescribed Authority and take with you all of the evidence gathered in the previous step.
The Prescribed Authority will determine whether or not your application can be granted.
If the prescribed authority is satisfied that the relevant circumstance for shortening the notice period to less than one month has been met, they will:
Make a note in the box provided at the foot of the NOIM on page four,
Sign it,
Add his or her designation and
Add the words ‘Prescribed Authority’ and
Write the date
On some occasions they will give you a separate letter stating all of the above, which is acceptable.
Step 5: Return the NOIM to your celebrant
Return the NOIM and Declaration of No impediment to Marriage, to me, so that if the authority was granted, we can proceed to solemnise your marriage on the intended (shortened) date.
Below is a list of examples in which a shortening of time may be granted for each category.
Employment related or other travel commitments:
The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage or someone involved with the proposed wedding:
(a) has employment commitments that require the party’s absence from the location of the
proposed wedding for a considerable period of time; or
(b) has other travel commitments.
Example 1: A party to the marriage has accepted an offer of employment for imminent transfer or posting overseas or to a part of Australia distant from the location of the proposed wedding for at least 3 months, and wishes to be married with the party’s family and friends present before the departure.
Example 2: A party to the marriage realises that a close relative or friend of the party is in Australia but the relative or friend has a non‑redeemable ticket for departure from Australia within less than a month, and the party wishes the relative or friend to be present at the wedding.
In determining whether a circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) documents relating to the employment commitments such as a letter of offer or acceptance;
(b) documents relating to the travel of a person such as a dated receipt or a ticket;
(c) any explanation provided for not giving the notice sooner;
(d) any explanation provided for not postponing the proposed wedding;
(e) whether hardship would be caused to a party to the marriage if not solemnised as proposed;
(f) any other matter that the prescribed authority considers relevant.
Wedding or Celebration arrangements
The marriage should be solemnised despite the required notice not having been received in time because of:
(a) the binding nature of the wedding arrangements made in connection with the marriage; or
(b) any religious consideration.
Example: Arrangements and non‑refundable payments of a considerable sum have been made for the proposed wedding, or for any celebration associated with the marriage, and the date for the wedding or celebration cannot be changed.
In determining whether a circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) documents such as receipts showing dates and amounts of payments to do with the wedding;
(b) in the case of a religious consideration—the nature of the consideration;
(c) any explanation provided for not giving the notice sooner;
(d) any explanation provided for not postponing the proposed wedding;
(e) whether hardship would be caused to a party to the marriage if not solemnised as proposed;
(f) any other matter that the prescribed authority considers relevant.
Medical Reasons
The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage, or someone involved with the proposed wedding, is suffering from a medical condition of a serious nature.
Example: A party to the marriage, or a parent or close relative of the party, has a serious illness that will prevent the person from attending the wedding unless it is held in less than a month.
In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) a letter from a medical practitioner confirming the health circumstance of a party to the marriage;
(b) any explanation provided for not giving the notice sooner;
(c) any other matter that the prescribed authority considers relevant.
Legal Proceedings
The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage is involved in a legal proceeding.
Example: A party to the marriage is subject to a pending court proceeding, and is at risk of imprisonment.
In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) a sealed copy of any applicable court order;
(b) a letter from the party’s solicitor stating the dates and nature of a pending court proceeding;
(c) any explanation provided for not giving the notice sooner;
(d) any explanation provided for not postponing the proposed wedding;
(e) whether hardship would be caused to a party to the marriage if not solemnised as proposed;
(f) any other matter that the prescribed authority considers relevant.
Error in Giving Notice
The marriage should be solemnised despite the required notice not having been received in time because:
(a) it was due only to error on the part of an authorised celebrant (or a person the parties to the marriage believed to be an authorised celebrant) that:
(i) the notice was not given; or
(ii) the notice given was invalid; or
(iii) a notice given earlier was lost; and
(b) arrangements have been made for the proposed wedding to take place within less than one month.
Example 1: The parties have given significant notice to the authorised celebrant orally, and arrangements for the proposed wedding have been made, but written notice was not given in the required time because the authorised celebrant failed to explain the notice requirements properly.
Example 2: The parties have given written notice in the required time, and arrangements for the proposed wedding have been made, but the notice is invalid because the person to whom the notice was given was not yet registered as a marriage celebrant.
Example 3: The parties gave written notice in the required time, and arrangements for celebrations have been made to follow the marriage ceremony, but the original notice was lost by the authorised celebrant and the replacement notice was not given in the required time.
In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:
(a) documents confirming why the notice was not given, such as a letter confirming an earlier interview between the authorised celebrant and the parties to the marriage;
(b) a letter from the person to whom the notice was given explaining why the notice was invalid or lost;
(c) documents showing the arrangements made in connection with the proposed wedding;
(d) any other matter that the prescribed authority considers relevant.