Do both husband and wife have to mention their conjugal status (if one of them previously divorced) on their marriage certificate? Are there any options with the marriage certificates like can they choose any marriage certificate that does not require conjugal status details?
Question Asked: 19/02/2018
Wedding Date: 29/11/2017
(2) · Adelaide and Surrounds
The conjugal status is stated on the NOIM and The Official Certificate of Marriage and not on the presentation certificate given to the couple on the day. :)
Answered by: 12 Experts
(17) · Byron Bay to Ballina , North Coast NSW and Gold Coast QLD
On the legal paperwork it is mentioned and you will need proof of divorce for the completion of the Notice of Intended Marriage. However for the ceremony I make sure this is not mentioned. Happy to chat about this with you.
(4) · Blue Mountains & beyond
Yes, the conjugal status must be included on the official marriage certificate. Unfortunately there are no other options for this requirement. The ceremonial certificate that you receive on the day however, just includes your names.
Yes , both need to state their Conjugal status onto the NOIM form. It is legally required by law. If this is a conversation you have not had with your new fiance, and they are unaware that you have been previously married , I would advise you to do so, as a good marriage foundation is honesty and trust .
(19) · Yarra Valley and all of Melbourne
Hi there, it is a legal requirement that it is on the Official Marriage Certificate, but it is not mentioned on the Presentation Certificate that you get on your Wedding Day. Your Official Marriage Certificate is what is used for all legal paperwork.
Hope that helps.
(19) · Statewide South Australia
The conjugal status on a NOIM is legally required. It does not appear on your presentation certificate but is a legal requirement for BDM
(87) · Melbourne and surrounds, Yarra Valley and surrounds
Hi!
The conjugal status must be stated on the Notice of Intended Marriage and Marriage Certificates.
However you're given a Marriage Certificate with the Commonwealth Coat of Arms by your celebrant on the day and it will not have it on there.
I hope this helps!
(5) · Brisbane & Surroundings / Gold Coast/ Sunshine Coast / Toowoomba
Simple answer is Yes.
By law you much state your conjugal status on the NOiM and Marriage Certificate
If you have any further questions please contact me
Yes, you must both state your conjugal (marital) status on your Notice of Intended Marriage (NoIM) and your Celebrant must reflect this status on two of the marriage certificates you will sign on your wedding date (and on the Declaration of No Impediment to Marriage). The third marriage certificate that you will receive on the day of your wedding, however, with the Commonwealth crest on it, does not have this detail on it. This is the document that would be photographed and/or you might show to family and friends.
In the ACT all details from the NoIM are reflected on the official registered copy of your 'standard' marriage certificate if you are applying for this from the Registrar of Marriages after your ceremony (or your celebrant lodges your application for you), but if you order the 'commemorative' certificate' here in the ACT (and possibly other states and territories) when applying f, this detail is not on that version. The commemorative version costs more of course. Please note: Only you and your witnesses need see the marriage certificates that you sign on the day you marry.
I hope this is useful information.
Gina Callan, Civil Marriage Celebrant at Licensed to Wed, ACT.
(30) · Wodonga / Bright / Echuca. VIC.
'The Marriage Act, 1961' which, under the auspices of The Attorney General's Department (Celebrants'Section) is the governing body for all marriages conducted in Australia, and, any marriage that deviates from it's proscribed rules and regulations, would be deemed to be invalid. WHen a client fills in, and signs, a 'Notice of INtended Marriage' form, they are signing a legal document, which clearly says, in the 'Notes':
"Item 3. Section 104 of the Act makes it an offence for a person to give the Notice to an authorised celebrant or to sign it if, to that person's knowledge, the Notice contains a false statement or an error or is defective."
Again, in the 'Notes':
Section 42 of the Act requires certain documents to be produced to the authorised celebrant before the marriage is solemnised, in particular:
(a) evidence of the date and place of birth of each party; and
(b) if a party has previously been legally married, evidence of a party’s divorce, or of the death of a 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.
Further, Items 13 - 18, requires each party to provide legal documentary evidence of previous marriages, and the proof of their 'ending' (death, nullity or dissolution) to the celebrant, before any marriage can proceed. It is illegal for a party to an intended marriage, to keep secret from the other party, any previous marriages.
In summery, it is illegal to provide false information, either directly or by omisssion, in the 'Notice of Intended Marriage' (NOIM).
I trust this information will assist in your planning.
Bruce Kilpatrick, Bright.
