Section 42, Marriage Act 1961 (Cth)
Notice of Intended Marriage
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Notice of Intended Marriage
Please read all of the information in this form. You may need to refer back to these instructions as you complete this form. You may complete this form:
- Electronically by typing in the required information directly into the boxes below. You can print and sign a hard copy of the form or sign electronically in the presence of an authorised person.
- Manually by printing the form and completing the required information using BLOCK LETTERS.
- Please ensure you read the explanation in the Instructions for completing this form, including in relation to items 7 and 8.
Privacy notice
- The Marriage Act 1961 (Cth) requires that a marriage shall not be solemnised unless certain personal information is provided in writing. This information is required in two forms: the Notice of Intended Marriage (paragraph 42(1)(a)); and the Declaration of No Legal Impediment to Marriage (paragraph 42(1)(c)). Together with the Official Certificate of Marriage (paragraph 50(1)(b)), these are referred to as the Documents.
- The Documents must be submitted by the authorised celebrant to the Registry of Births, Deaths and Marriages in the state or territory where the marriage took place, within 14 days of the ceremony.
- The Registry uses the information to register the marriage and will use, store and disclose the personal information in accordance with applicable state or territory privacy laws.
- The Registry provides the information contained in the Notice to the Australian Bureau of Statistics under the Census and Statistics Act 1905. The ABS records only non-identifying information.
- The Registry may provide the Documents to the Registrar of Marriage Celebrants and the Attorney-General's Department for functions related to the Registrar of Marriage Celebrants.
- For more information, or to access or correct information in the register of marriages, please contact the Registry in the state or territory where your marriage will take or took place.
Instructions for completing this form
Requirements applying to all marrying couples
It is a criminal offence for a person to give the Notice to an authorised celebrant or to sign it if that person knows the Notice contains a false statement or an error or is defective (section 104, Marriage Act).
You must give this completed and signed notice to an authorised celebrant at least one month, and not more than 18 months, before your proposed marriage, unless a prescribed authority has agreed to shorten the notice period (section 42 of the Act).
Instructions on specific items
Where information is not known or cannot be obtained: If you are unable, after reasonable inquiry, to state any information required in the Notice, you should write 'unknown' in the relevant space on the form and give the authorised celebrant a statutory declaration explaining why you are unable to provide the information. A statutory declaration is not required for items 11 to 16.
Item 1: It is up to each party to the marriage to decide how they want to describe themselves.
Item 4: This item is optional. It is up to each party to the marriage to decide whether they wish to complete the item. Non-binary includes 'unspecified' or 'indeterminate' and people who do not exclusively identify as either female or male.
Item 7: The term 'conjugal status' means whether you have ever been legally married before. You should not include information about relationships other than married relationships. If your status is 'divorce pending', the divorce must take effect before the marriage can be solemnised.
Item 8: If you were born in Australia, your birthplace is the city or town and state or territory. If you were born outside Australia, your birthplace is the city or town, state or province (if applicable) and country.
How to sign the Notice
The Notice must be signed in the physical presence of an authorised witness as specified (section 42 of the Act). Authorised witnesses are listed in the "Signatures of parties and witnesses" section of this form.
If a person is unable to sign the Notice at the time it is given to the authorised celebrant, the other person may sign the Notice and give it to the authorised celebrant. The person who has not signed must sign in the physical presence of that celebrant or another authorised celebrant before the marriage can take place.
Documents that must be provided to an authorised celebrant
Items 19 to 20 and 25 to 28: Before the marriage can take place both parties must provide (a) evidence of date and place of birth, such as a birth certificate, official extract or passport, and (b) if a party is divorced or a party's last spouse died, evidence of divorce or death.
Items 21 to 24: The celebrant must also be satisfied of your identity. Photographic evidence of identity such as a passport, driver licence, proof of age card or official identity card will assist.
Items 25 to 28: Only complete for parties who have been legally married previously.
Additional requirements apply when a person to be married is under 18
A person under 18 is not of marriageable age unless the person obtains an order from a judge or magistrate under section 12 of the Act. Additional consents or dispensations are required. Under no circumstances can two persons under 18 legally marry.
| Time and Date | |
| Location |
| Registered No. |
Notice of Intended Marriage
Complete this form in TYPE or by using BLOCK LETTERS.
Details of the parties
| Person 1 | Person 2 | |
|---|---|---|
| 1. Description of parties | ||
| 2. Family name | ||
| 3. Given name(s) | ||
| 4. Gender (optional) | ||
| 5. Usual occupation | ||
| 6. Usual place of residence (full address) | ||
| 7. Conjugal status (see page 2) | ||
| 8. Birthplace (see page 2) | ||
| 9. Date of birth | ||
| 10. Are the parties related? | ||
Details of the parties' parents
| Person 1 | Person 2 | |
|---|---|---|
| 11. Parent 1's full current name (or write 'unknown') | ||
| 12. Parent 1's full birth name (or write 'unknown') | ||
| 13. If applicable: Parent 2's full current name | ||
| 14. If applicable: Parent 2's full birth name | ||
| 15. Parent 1's country of birth (or write 'unknown') | ||
| 16. If applicable: Parent 2's country of birth |
Signatures of parties and witnesses
This Notice must be signed in the presence of an authorised witness. Persons who are authorised to witness the Notice are:
- if a party signs the Notice in Australia — an authorised celebrant, a justice of the peace, a barrister or solicitor, a medical practitioner, or a member of the Australian Federal Police or the police force of a State or Territory.
- if a party signs the Notice outside Australia — an Australian Consular Officer, an Australian Diplomatic Officer, a notary public, or an employee of the Commonwealth or Australian Trade Commission authorised under the Consular Fees Act 1955.
I have read this form's privacy notice and instructions for completion and hereby give notice of my intended marriage:
| Person 1 | Person 2 | |
|---|---|---|
| Signature of parties | ||
| Date | ||
| Full name of witness | ||
| Authorised witness (see above) | ||
| Signature of witness |
To be completed by authorised celebrant before the ceremony
| Person 1 | Person 2 | |
|---|---|---|
| 19. Evidence of date and place of birth (see page 2) | Birth certificate or official extract Statutory declaration Australian passport Overseas passport | Birth certificate or official extract Statutory declaration Australian passport Overseas passport |
| 20. Document number (if any) | ||
| 21. Identity confirmed (see page 2) | Confirmed | Confirmed |
| 22. Type of ID document provided | ||
| 23. Document number (if any) | ||
| 24. State, territory or country of issue | ||
| 25. Date last marriage ended (if applicable) | ||
| 26. Evidence sighted on how last marriage ended | Death Nullity Divorce | Death Nullity Divorce |
| 27. Death certificate number OR | ||
| 28. Court location (if divorce or nullity) | ||
| 29. Document referred to in s42(5A) of the Act provided to the parties | Person 1 | Person 2 |
| 30. If a party is under 18 years | Consents received | Court approval |
Marriage on late notice (shortening of time)
31. Authority for marriage despite late notice (shortening of time)
For official use only — to be used by a prescribed authority when granting a shortening of time
To be completed by authorised celebrant after the ceremony
Transfer of Notice of Intended Marriage to another celebrant
I confirm that in receiving this Notice, I am satisfied that the reasons for transfer are in accordance with s42(6) of the Marriage Act 1961 (Cth):