There are many reasons why you might need to pass on a wedding on to another celebrant: sickness, family emergency, the wedding has been rescheduled and you can’t make the new date, or maybe you accidentally double-booked yourself (oops)! But whatever the reason, one of the many benefits of being a member of The Celebrant Society is that you are part of a network of experienced Australian celebrants ready to help out when you are in a bind.
Once you have secured a cele-saviour to step in for you, it’s important to make sure that you both understand what needs to be done about the paperwork, especially in reference to transferring the Notice of Intended Marriage.
In cases where the original celebrant cannot perform the marriage due to death, absence, illness, where the marrying couple has requested another celebrant, or it is otherwise impracticable (i.e. almost impossible) to be there on the day, s46(6) of the Marriage Act 1961 permits the marriage to be solemnised by any celebrant in possession of the Notice of Intended Marriage.
Is It Compulsory to Transfer a Notice of Intended Marriage (NOIM)?
No. There is nothing in the Marriage Act or Guidelines that says a celebrant MUST transfer a NOIM. In fact, if it is more than a month before the wedding, you may prefer to complete a new NOIM with the couple. There is no issue with couples having more than one active NOIM held by different celebrants.
However, transferring a NOIM is usually preferable, as it saves the new celebrant and the couple a lot of time. Because a big part of “Community Over Competition” is all about helping out our fellow celebrants wherever we can.
What is the Process of Transferring a NOIM
If you’ve never transferred a NOIM (or received a transferred NOIM) before, it might seem daunting, but the process is very simple.
Here’s what to do in one sentence:
The original celebrant gives the new celebrant the NOIM, either the physical copy or via electronic means, then the new celebrant completes the relevant details on page 5.
It’s that easy!
But I know y’all love the whos, whats, whens, wheres and whys, so here is the process in detail, so you won’t miss a crucial step:
It’s the responsibility of the original celebrant (Celebrant A) to ensure the NOIM is safely transferred to the new celebrant (Celebrant B). It should not be given to Celebrant B by the couple, as it is the celebrant’s responsibility to stay in possession of the NOIM once received (the only exception is when a couple is applying for a shortening of time).
Before a signed and witnessed NOIM is transferred, Celebrant A should ensure that their full name is written under item 17 and the date the notice was received from the couple is written in item 18.
It doesn’t matter if items 19 to 30 (i.e. all the identity document stuff) are filled in prior to transferring the NOIM or not, as Celebrant B will need to check all this information before the wedding anyway.
You can transfer the NOIM by:
- Text
- Registered post
- Handing it to them in person
While the current Guidelines (dated September 2021 at the time writing this blog) say that the NOIM should only be transferred by email in extreme circumstances, this information is no longer current. It’s perfectly acceptable to receive the NOIM in an electronic format such as email or text – the Attorney-General’s Department has confirmed this, saying it’s consistent with the requirements set out in both the Marriage Act and the Electronic Transactions Act 1999.
In fact, if you choose to snail mail the NOIM, I would recommend keeping an electronic scan on file until Celebrant B confirms they’ve received it, just in case it goes missing in the post.
Note that transferring via a videoconferencing service such as Zoom would not be compliant, as the Electronic Transactions Act requires that a document be readily accessible for subsequent use, so stick with something like email or text.
Once Celebrant B receives the NOIM, they should complete the details on page 5 under the section ‘Transfer of the Notice of Intended Marriage to Another Celebrant’. Even if it was received electronically, this up-to-date version becomes the ‘new’ original NOIM.
Transferring the Record in the BDM Online Registration System
Almost every Australian Registry of Births, Deaths and Marriages (BDM) now has an online registration system e.g. Lifelink in NSW, RIO in Victoria etc (sorry ACT and NT).
If the original celebrant has already completed some of the details in the online system, it may be possible to transfer that record to the new celebrant to save them some time. However, this is optional.
There is no legal requirement for the draft record in the online registry to be transferred or to even use the online registration system at all. Ultimately, it is the sole responsibility of the new celebrant to ensure that the marriage is registered.
What Are the Legal Responsibilities of the Original Celebrant
- Ensure that the NOIM has been signed by the parties under the observation of an authorised witness (either in person or via the videoconferencing such as Zoom).
- Make sure the authorised witness has written their full name and authority to witness, and signed the NOIM under each parties’ signatures (note: the authorised witness may be the original celebrant).
- Complete item 17 (full name of celebrant) and item 18 (date notice received) on the NOIM
- Give the couple a copy of the Happily Ever Before and After brochure
- Before transferring the NOIM, they should seek the permission of the marrying parties. This is to comply with the celebrant Code of Practice which requires us to respect the privacy and confidentiality of the couple.
- Securely transfer to NOIM to the new celebrant, either the physical document or by electronic means.
- If you have already completed the Declaration of No Legal Impediment to Marriage (DONLIM) with the couple and/or prepared their Marriage Certificates and Form 15, securely destroy these documents.
What Are the Legal Responsibilities of the New Celebrant
- Upon receiving the NOIM, complete the details on page 5 under ‘Transfer of Notice of Intended Marriage to Another Celebrant’
- Check the parties’ proof of identity, proof of date and place of birth, and if necessary, proof of termination of previous marriage, and ensure these details are recorded correctly on the NOIM. The original celebrant may have already checked these details, but it is the still responsibility of the celebrant solemnising the marriage to sight these documents (as per s42(b) Marriage Act).
- Check the couple has received the Happily Ever Before and After brochure
- Complete the DONLIM with the couple. Even if the original celebrant has already completed a DONLIM, the declaration must be made in the physical presence of the celebrant solemnising the marriage (as per s42(c) Marriage Act).
- Hold separate meetings with each party to ensure consent before the ceremony. Even if the original celebrant has already had separate meetings with the couple, this needs to be done by the celebrant solemnising the marriage. These can be done on the day of the wedding and/or at the same time as signing the DONLIM if you like.
- Prepare the marriage certificates, conduct the ceremony, complete all necessary documents and register the marriage as per usual.
By following these simple steps, you can ensure a smooth handover of paperwork, allowing you to focus on what you do best – creating unforgettable wedding ceremonies for the happy couple.
Related Blog Posts
Expand your knowledge with these helpful posts about the legalities of marriage ceremonies:
Consent: What Are a Celebrant’s Obligations
NOIM Remote Witnessing and Other Changes to the Marriage Act 1961
Shortening of Time – What is It, and How Can I Get One?
Transferring a Ceremony to Another Celebrant – An Ethical Guide
