Trudy the Brisbane Marriage Celebrant

View Original

Notice of Intended Marriage Form

Notice of Intended Marriage (NOIM) Form

FAQs on how to enter names correctly on the NOIM

What names should parties write on the NOIM?

Most people use the name that is recorded on their birth certificate so in most cases when completing the NOIM parties will write their name as it appears on their birth certificate. Authorised celebrants should ensure that the parties write their names exactly as they appear on their birth certificates. The spelling must be identical and all given names which appear on the birth certificate must be included on the NOIM. If a person has changed their name from the name on their birth certificate by way of a BDM issued Change of Name Certificate, or Deed Poll (prior to BDMs starting to issue Change of Name Certificates from the late 1990s), they should write this name exactly as it appears on the change of name certificate or Deed Poll documentation on the NOIM. If a person has changed their name by marriage and retained a previous spouse’s surname they may record that surname on the NOIM. Authorised celebrants should ensure the party has written their surname exactly as it appears on the previous marriage certificate or Court-issued Divorce Certificate.

A person may record the name on their Australian Citizenship Certificate on the NOIM if the person also has photo identification in that name, such as a driver’s licence, proof of age card; an Australian or overseas passport.

Names on birth certificates

What if a person believes the spelling on his or her birth certificate is incorrect? For example, the name on their birth certificate is spelt ‘Vicky’ and they have always used ‘Vicki’.

Authorised celebrants should tell the person that their name as it appears on their birth certificate and their name as it appears on the NOIM should be the same. If the person believes there is an error in the spelling of their name on their birth certificate they may apply to have the birth certificate corrected at the relevant BDM. If their birth certificate is corrected they may then use the name on the corrected certificate on the NOIM. Authorised celebrants should also tell the person that any discrepancy between their name as it appears on their birth certificate and their name as it appears on the marriage documents may mean that they may encounter problems if they wish to obtain an Australian passport in their married name.

What if a person does not want all their given names on the NOIM? For example, they have four given names on the birth certificate and they have always only used two of those names. 

They should use all four names on the NOIM. Authorised celebrants should tell the person that their name as it appears on their birth certificate and their name as it appears on the NOIM should be the same. Authorised celebrants should also tell the person that any discrepancy between their name as it appears on their birth certificate and their name as it appears on the marriage documents may mean that they will encounter problems if they wish to obtain an Australian passport in their married name.

Is there anything a party can do to overcome the problems raised in Questions 2 and 3 of using a different name from that on their birth certificate?

Yes. They can apply to the BDM in the State or Territory where they were born or where they live for a Change of Name certificate to be issued to them to reflect the spelling of their name that they commonly use, or to reflect the given names they actually use. Note: Change of Name certificate procedures vary between the States and Territories. Most States will only register a change of name for a person whose birth has been registered in that State or who has been resident there for a certain period of time. They can then use the name on the Change of Name certificate on the NOIM, rather than the birth certificate name.

A party to a marriage has lived for many years with a step-father and though not formally adopted has always used that step-father’s name. Which name should they use on the NOIM?

In this case the party should use the name on their birth certificate. If they do not wish to do this, they can apply to the BDM in the State or Territory where they live or were born for a Change of Name certificate, to reflect the name as it has been changed by usage. They can then use this name on the NOIM.

PARTY BORN OVERSEAS

A party to a marriage was born overseas and does not have an overseas birth certificate. What name should they put on the NOIM?

If the person does not have, or is not able to obtain, a birth certificate an authorised celebrant will need to see a passport issued by the Australian government or a government of an overseas country as evidence of the person’s date and place of birth. If that is not possible, the celebrant should require a statutory declaration executed under the Statutory Declarations Act 1959 from the person to meet the requirements of section 42 of the Act relating to evidence of date and place of birth.If the party is not an Australian citizen the party may use the name on their overseas passport on the NOIM. If their name or date and place of birth are written in another language the celebrant should advise the party to provide him or her with a formal translation of the document so that the celebrant knows how the name should be written in English. If the person is an Australian citizen then the name as shown on their Citizenship Certificate may be used on the NOIM only if the person also has photo ID in the same name as the name on their Citizenship Certificate: such as a drivers licence, proof of age/photo card; or an Australian or overseas passport. Please note that in this case the celebrant would only be using the Certificate of Australian Citizenship to confirm the person’s name/identity, and not for the purpose of checking the person’s date and place of birth.

This form is now out of date, please see my other post about the New Notice of Intended Marriage Form