page 2 of 4 02AG736 Notice of Intended Marriage (Form 13)
*Section 42 of the Marriage
Act 1961 requires
that a marriage shall not be solemnized unless a notice in
writing of the intended marriage, in the prescribed form, is given to the authorized celebrant solemnizing
the marriage. This Notice is the prescribed form for this purpose.
*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.
MARRIAGE OF ANY PERSON UNDER 18 YEARS WITHOUT AN
ORDER OF A JUDGE OR MAGISTRATE IS INVALID
UNDER NO CIRCUMSTANCES CAN 2 PERSONS UNDER 18 YEARS MARRY EACH OTHER
1. If party to an intended marriage is unable, after reasonable inquiry, to state any information required in
this Notice, he or she should write 'unknown' 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.
2. 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
3. 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.
4. 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 solemnized.
5. 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
(b) 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.
6. 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 Act 1961, 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.