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Intention of Marriage
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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 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 marriage.

Download "Notice of Intended Marriage" form

Download "Commonwealth Statutory Declaration" form

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page 2 of 4 02AG736 Notice of Intended Marriage (Form 13)

PRIVACY NOTES

*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.

NOTES

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

marriage.

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.

Shortening of Time

     
Information from the Attorney General's website

It is possible to shorten the minimum notice time for a marriage to less than a month if the special circumstances set out in the Marriage Regulations 1963 are met. You will need to approach a Prescribed Authority for approval. Click this link.

Prescribed authorities (usually at your Local Court or Registry officials) can shorten the required period of notice if they are satisfied that the circumstances prescribed in the Regulations are met.

The five categories of circumstances set out in the Regulations. These are:
  • Employment–related, or other travel commitments
  • Wedding or celebration arrangements, or religious considerations
  • Medical reasons
  • Legal proceedings, and
  • Error in giving notice.

The reason for wanting a shortening of time for notice must fall within one of these categories. 

There is no capacity to grant a shortening of time outside these circumstances. 

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.

You should have the documentation that supports your request before approaching a prescribed authority.

Registry of Births, Deaths and Marriages, Brisbane QLD

Addess: 110 George St, Brisbane city.

For appointment: 1300 366 430

Email: bdm-mail@justice.qld.gov.au

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