Are the parties related? on the NOIM

By Sarah AirdCategories: Marriage Legalities

This entry is part 18 of 31 in the series Marriage Legalities

Item 10 on the Notice of Intended Marriage (NOIM) asks “Are the parties related?”. There’s the option to tick No, or to tick Yes and then to state the relationship. What is the meaning of this question in relation to marriage?

Prohibited relationships

I’ve written before about one of the requirements for couples to marry in Australia: they must not be in a prohibited relationship. This means you can’t marry your:

grandparent
parent
sibling
child
grandchild.

You CAN, however, marry your:

aunt/uncle/pibling
niece/nephew/nibling
cousin.

Stating your relationship

So when the NOIM asks whether the parties are related, it’s checking to ensure they’re not in a prohibited relationship. It’s absolutely not a deal breaker to tick Yes to this item and list your relationship as pibling/nibling or cousins. It is a deal breaker to tick Yes and list your relationship as one of the prohibited ones above.

One relationship that does not need to be listed

“Fiance” is not a relationship that needs to be listed on the NOIM. Yes, I have seen it happen. No, it is absolutely not required. This question is asking about familial relationships, not love ones.

Side note if you’re interested…

In New Zealand, far more relationships are prohibited in the context of marriage. There are more legally defined relationships that are prohibited, not just immediate blood or adoption ones. On the other side of the Tasman Sea, you can’t marry your:

grandparent
parent
child
grandchild
sibling
parent’s sibling (i.e. aunt/uncle/pibling)
sibling’s child (i.e. niece/nephew/nibling)
grandparent’s spouse or civil union partner
parent’s spouse or civil union partner
spouse’s or civil union partner’s parent
spouse’s or civil union partner’s grandparent
spouse’s or civil union partner’s child
spouse’s or civil union partner’s grandchild.
child’s spouse or civil union partner
grandchild’s spouse or civil union partner.

The prohibitions even extend to ex-spouses and civil union partners! I think we need to bring this list in here, where it’s still legal to marry your parent’s identical twin.