What Does a 1-Month Notice Period for Marriage Mean in Australia?

May 19, 2024

Unlike some countries where you can get married the next day, our law requires a minimum 1-month notice period before your wedding. If you're planning to get married, you need to engage a celebrant to lodge a Notice of Intended Marriage (NOIM). This period is often called a “cooling-off” period, giving couples time to seriously consider their decision and avoid rushing into marriage.

Many people think the 1-month notice period starts once they have found authorised witnesses (excluding authorised celebrants) to sign their NOIM form (i.e., police officer, doctor, JP, lawyer). This isn’t quite right. The notice period starts only after the notice and relevant documents are presented to the celebrant and they acknowledge receipt. For example, if the notice is lodged with the celebrant on 12 April, the earliest possible wedding date is 12 May. For months with fewer days, such as lodging a notice on 31 March, the valid date becomes 1 May since April has no 31st day.

Are There Any Exemptions to This 1-Month Period?

Yes, it's possible to shorten the minimum notice period through a 'Shortening of Time' application. However, this is only allowed under rare circumstances and must be approved by prescribed authorities, typically Local Courts or Registry Offices. Authorised celebrants cannot approve a shortening of time, but they can advise on the process and help you lodge the notice with the correct documents.

The five categories of circumstances that allow for shortening the time are:

• Employment-related or other travel commitments
• Wedding or celebration arrangements, or religious considerations
• Medical reasons
• Legal proceedings
• Error in giving notice by the celebrant

Shortening of time is not automatic, and the process is very strict. During my time as a celebrant, I have assisted very few couples in successfully shortening their notice period. One case involved travel commitments due to the unexpected death of a parent, requiring the marriage to be brought forward to accommodate travel plans for the funeral. Another instance was due to wedding celebration arrangements made months in advance without realising the need to meet the celebrant at least 1 month prior. Their genuine mistake, supported by adequate proof, led to the approval of their request.

My Visa Is About to Expire. Can I Apply for Shortening of Time?

Unfortunately, visa expiry does not qualify for shortening of time, as it does not fit any of the five categories listed above. Many couples have had their requests turned down for this reason.

What Can I Do if My Ceremony Can’t Be Postponed and My Shortening Request Is Denied?

If your ceremony cannot be postponed, consider having a ceremonial ceremony (with no legal effect) on your chosen date and then signing the legal documents and certificate with me after the 1-month period has passed, with just two witnesses. This way, the second part is purely legal, and there's no need to host another large ceremony.

Interested in Getting Married and Applying for Shortening of Time?

Reach out to me, and I can guide you through this process.

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