This entry is part 29 of 31 in the series Marriage Legalities
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Shortening of the one month’s notice period

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This entry is part 29 of 31 in the series Marriage Legalities

Under Australian law, couples have to give one month’s notice before they can get married. They do this through lodging a Notice of Intended Marriage with their chosen authorised celebrant. But in five very specific circumstances, couples can apply to a prescribed authority for a shortening of the one month’s notice period. This is colloquially known as a shortening of time.

So what are the five circumstances, and how does it work?

The celebrant does not make the decision

The first thing you need to know is that the celebrant does not make the decision. We can give you advice about whether or not we think you have an appropriate case. We can advise you on the types of evidence you’ll need to collect. Many of us will even submit the application for you. But we don’t make the decision, and we unfortunately have no control over whether or not a prescribed authority will see your case in the same light as we do.

Why didn’t you give notice sooner, and hardship

In all circumstances, the couple has to provide an explanation for:

  • why they did not give notice to be married sooner, and
  • whether any hardship would be caused if the marriage cannot go ahead.

I’ll talk about what those explanations might be for each circumstance in my outlines below.

Circumstances for a shortening of time

The five circumstances under which the one month’s notice period can be waived or shortened are set out in Schedule 3 of the Marriage Regulations 2017. Each circumstance sets out the reason and examples. They also outline the types of evidence a prescribed authority may want to see when considering the application. Let’s take a look, without the legal language.

Circumstance 1: Employment-related or other travel commitments

This is where one of the parties to the marriage or someone involved with the wedding has employment commitments away from home for a considerable period of time, or has other travel commitments.

Employment-related travel commitments

We use this where one of the couple has received a job offer overseas, and the parties need to be married so they can both go. One such example I’ve had was where the groom had a job in the US, and the couple needed to be married so that the bride would be able to work when they got there. In that situation the evidence we provided was his employment contract, including date he was required to start.

The reason for not giving notice sooner is usually that the employment offer had not been confirmed in time for the couple to give one month’s notice. The couple needs to show that they won’t be able to travel/live together or both work if they are not married due to the laws of the country they are moving to. In some predominantly-Muslim countries, for example, unmarried couples are not allowed to even stay in the same hotel room, let alone live together. In some countries, such as the US, in order for the second party to have work rights, they need to be married. Every country has its own idiosyncracies in these areas, so it’s important to do your homework before you decide to move overseas for work.

Other travel commitments

We use this circumstance where overseas-based family member/s are in town for a limited period, and the couple decides they want to marry before Mum and Dad go home. The evidence in this case is the travel documentation for a certain date that is less than a month away.

Couples in this situation have often not planned to be married before their family members arrive from overseas. Seeing their ageing parents can make them realise that this may be their last opportunity to marry with them present. The family members are often not going to be here for a full month. They need a shortening to be able to marry while they are here.

Circumstance 2: Wedding or celebration arrangements

This one is for couples who arranged their whole wedding without knowing they were required to give one month’s notice. It sounds amazing, but it does actually happen.

What the prescribed authority is looking for here is:

  • the binding nature of the arrangements
  • the hardship explanation, and
  • evidence that the couple were making plans to marry more than one month before the wedding date.

So they want to see all the contracts and receipts the couple has with all their wedding suppliers. They want to see that if the wedding can’t go ahead, the couple is going to lose all the money they’ve already paid out. They want to see evidence that they’ve been planning the wedding for a while, such as dated invitations or emails to friends and family members. Basically anything the couple has to show they’ve been intending to get married on this date for more than a month, and that will back up their claims of hardship if the wedding can’t go ahead.

Religious considerations

Now there’s another little clause in this circumstance that is not in the title but is in the subsections: “any religious consideration.” No example is provided of what might count as a religious consideration. The only evidence suggestion is “in the case of the religious consideration, the nature of the consideration.” I’ve heard all sorts of things over the years that have been attempted under this circumstance:

  • auspicious dates that only come around once a year
  • couple whose religion required chaperones before marriage. They wanted to get married before COVID lockdowns so they could still see each other when only two people could gather
  • pregnant brides wanting to marry before the baby was born because pre-marital sex was banned under their religion.

I know of situations where the first two have been approved, but not the third. It all depends on the prescribed authority who reviews the application.

Because this “any religious consideration” subsection sits under the “wedding or celebration arrangements” circumstance, I tend to only apply where the religious consideration is about the date of the marriage, and plans have already been made.

Circumstance 3: Medical reasons

This is the big one and probably the most common reason for shortening the one month’s notice period. A medical reasons shortening is where one of the parties to the marriage or someone involved with the proposed wedding is suffering from a medical condition of a serious nature.

What we’re generally looking at here is that one of the couple or a close family member is dying, and they have been given less than a month to live. They need to be able to provide a letter from the patient’s doctor outlining the prognosis. They generally didn’t give notice sooner because the patient’s status has quickly deteriorated. The hardship explanation is that they want this person to be at their wedding, or they want to marry before one of them dies.

Circumstance 4: Legal proceedings

I am yet to meet a couple with a shortening request that fits under this circumstance. It says that the notice period should be shortened because one of the couple is at risk of imprisonment.

I have no idea why you’d need to get married before one of you was going to prison. My only guess is that when the law was written in the 1960s, it was something to do with access to welfare – the bride needed to be married to be able to access some form of welfare while her husband was in prison? Maybe? I literally have no idea.

The evidence suggestions set out in the Marriage Regulations include a sealed copy of any applicable court order or a letter from the party’s solicitor stating the dates and nature of a pending court proceeding.

Circumstance 5: Error in giving notice

This one is only where the celebrant has made an error. If the parties have made an error, like they didn’t know they needed to give a month’s notice, they’re applying under circumstance 2. But they can apply for a shortening of time under this circumstance if:

  • the celebrant gives them bad advice, or
  • the celebrant loses the NOIM that was lodged with them, .

The couple will need a letter from the celebrant basically owning up to their mistake. They will also need to show evidence of the plans for the wedding (receipts, contracts, etc). Evidence that they’ve been in touch with the celebrant for more than a month (emails etc) is also super useful.

Those of you who have been reading my blog for a while may remember when I first wrote about this circumstance years ago it was for another reason: the parties had given notice to someone they thought was an authorised celebrant but wasn’t. Honestly, rude on behalf of the fake celebrant. That kind of thing is very easily cleared up with a shortening application from a legitimate authorised celebrant.

How to apply for a shortening of the one month’s notice period

The process to apply for a shortening varies slightly in each State and Territory. The general process is as follows:

  1. The couple meets with the celebrant to lodge a Notice of Intended Marriage with them.
  2. The couple shows the celebrant any required identity documents.
  3. The couple collect any evidence they require to show to the prescribed authority.
  4. The celebrant provides the couple with a letter stating that they will be available to marry them if the shortening is approved.
  5. The application is submitted to a prescribed authority along with any application form and/or payment required.
  6. The prescribed authority will let the celebrant know of their decsion.

If the shortening is approved, the couple can marry on the date they’ve chosen. If the shortening is not approved, they can wait until one month has passed since they lodged the NOIM and marry then. Otherwise they may want to wait for another appropriate time.

Do you need to get married in less than one month?

More information

Click here for a full overview of the legal requirements of marriage in Australia.

Read all the posts in my series about marriage legalities here.

Find all the posts in my series about Australian wedding ceremonies here.

If you’re a celebrant wanting help with all things celebrancy, come and join us at the Celebrant Institute!

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