When a couple starts looking into the legal requirements to get married in Australia, one of the first questions they will come across is how to submit a Notice of Intended Marriage.
The Notice of Intended Marriage (NOIM) is the first legal document that must be completed if you want to get married in Australia. It needs to be given to your celebrant at least one month before the wedding day (and no more than 18 months before). But before the celebrant can receive it, Australian marriage laws require that the Notice of Intended Marriage must be signed by the couple getting married in front of an authorised witness.
The list of people who are authorised to witness a NOIM being signed is very helpfully written on the NOIM itself, right above where you sign. However, there are a few queries that commonly come up when it comes to witnessing a NOIM, so we are here to answer!
Be sure to check out Alison’s helpful article NOTICE OF INTENDED MARRIAGE REMOTE WITNESSING
Location matters
The list of people who can witness a couple signing their NOIM depends on where both the couple and the witnesses are physically located, i.e. whether they are in Australia or not.
Thanks to some changes made to the Marriage Act in 2024, we can now witness the NOIM via videoconference. This has been a game-changer in helping couples complete their paperwork easily and efficiently. But while this change would allow a Sydney-based celebrant to witness a couple signing their NOIM in Perth in real time, it does not extend to couples located overseas.
Who can witness a NOIM in Australia?
When BOTH the couple and the witness are located in Australia, this is the list of authorised witnesses:
- An authorised celebrant – this means anyone who is authorised to solemnise marriages in Australia, not just civil marriage celebrants. It also includes ministers of religion and state officers at the Births, Deaths and Marriages (BDM) registry, provided they are registered to perform legal marriage ceremonies.
In most cases, the celebrant witnessing the NOIM will be the same celebrant performing the marriage ceremony, but it does not have to be. Any authorised celebrant can witness the NOIM without ‘receiving’ it.
For example, you may offer to help a celebrant friend by witnessing one of their couple’s NOIMs. You do not need to accept the NOIM then transfer it to the original celebrant. Instead, the couple can give it directly to them. - A Justice of the Peace – aka a JP. JPs are volunteers appointed by state and territory governments to witness and certify documents. They cannot charge for their services.
- A barrister or solicitor – unlike JPs, a barrister or solicitor may charge for their services to witness the NOIM. This would be up to the individual barrister or solicitor to decide.
- A medical practitioner – this is the one that confuses people the most – does a nurse count? A dentist? (short answer: no). To get clarification, we have to refer to a tiny footnote in the Guidelines on the Marriage Act 1961 for Authorised Celebrants which states:
“A legally qualified medical practitioner means a person who is registered as a licensed practitioner with the Medical Board of Australia. The category is limited to GPs and specialist doctors but does not include pharmacists or physiotherapists.”
If unsure, you can search for the witness’s name on the Medical Board of Australia website. - A member of the Australian Federal Police or the police force of a State or Territory – this is often an easy option for couples as many local police stations are open 24/7.
What about a Commissioner for Declarations?
While the Marriage Act 1961 does technically permit a Commissioner for Declarations under the Statutory Declarations Act 1959 to witness a NOIM, this option has been removed from the NOIM and the Guidelines for the very simple reason that this position no longer exists.
While some states in Australia have Commissioners for Declarations, it’s important to note that for the purposes of witnessing the NOIM only federally appointed C.Decs would qualify, and the Federal Government has not appointed anyone to this position for a number of decades now.
Who can witness a NOIM outside Australia?
When BOTH the couple and the witness are located outside Australia, this is the list of authorised witnesses:
- A notary public – similar to a JP, a notary public is someone who has been registered to witness and certify documents. Different countries will have different requirements for someone to qualify as a notary, but if unsure, many countries will have an online database where you can check a person’s Notary Public credentials. There may be a fee involved in having a notary public witness the NOIM.
- An Australian Embassy or Consulate employee – more specifically, an Australian Diplomatic Officer, an Australian Consular Officer, an employee of the Commonwealth authorised under paragraph 3(c) of the Consular Fees Act 1955, or an employee of the Australian Trade Commission authorised under paragraph 3(d) of the Consular Fees Act. In most cases, the couple can contact their closest Australian Consulate, High Commission, or Embassy to make an appointment to sign the NOIM.
Importantly, the Marriage Act does NOT require the witness and the couple to be physically located in the same country – just that neither can be in Australia. So if your couple live in a country where they feel unsafe getting their NOIM witnessed (e.g. a same-sex couple where same-sex relationships are illegal), they could use the services of an non-Australian-based online Notary Public service such as US Virtual Notary.
Can an Australian celebrant witness a NOIM for a couple overseas?
No. If the couple is physically located overseas, and won’t be in Australia a month or more before the wedding to have it witnessed here, then they must find a witness from the list of overseas witnesses.
The Guidelines say:
“It is the responsibility of a party to a marriage, not the celebrant, to locate an appropriate witness overseas.
Most couples overseas will be able to visit an Australian Embassy, High Commission or Consulate to have the NOIM witnessed. If they are not able to do so, it is their responsibility to locate a notary public or other authorised witness.”
With the availability of online Notary Public services and videoconference witnessing, there really is no excuse.
What if one party to the marriage is in Australia and the other is overseas?
S42(3) of the Marriage Act allows a celebrant to accept a NOIM with only one signature when the signatures of both parties cannot be conveniently obtained. In these circumstances, the celebrant should do their due diligence to ensure that the non-signing party is aware of and consenting to the marriage before accepting the NOIM.
The second signature can be done under the observation of an authorised celebrant at any time before the marriage is solemnised (even on the day of the wedding).
This is one example of what that might look like:
Jordan is in Melbourne and Alex is in England. They both hop on a Zoom call with their celebrant for a planning meeting and to sign the paperwork. The celebrant is satisfied that both Jordan and Alex are aware of the marriage, and explains to Alex that they can sign the NOIM once they come to Australia.
Jordan signs the NOIM during the Zoom call, then scans and emails it to the celebrant. The celebrant signs the NOIM to verify they have witnessed Jordan’s signature, then notes the date received to begin the notice period.
On the day of the wedding, the celebrant meets with Alex and Jordan separately, and asks Alex to sign the NOIM before signing the Declaration of No Legal Impediment to Marriage.
Conclusion
While the ability to remotely witness a NOIM over videoconferencing tools such as Zoom or Facetime has made completing marriage paperwork easier than ever before, there are still strict requirements on who can witness a Notice of Intended Marriage being signed by the parties to the marriage.
The list of witnesses is printed on the NOIM, but if you have any doubts, ask your celebrant. We are always here to help with your Australian marriage paperwork questions!
