When can a Prescribed Authority consider your SHORTENING OF TIME REQUEST in relation to your marriage?

By law in Australia, every couple want to get married are required to give at least one calendar months notice - by completing the Notice of Intended Marriage for and providing this to their celebrant (per Marriage Act 1961)

However, there are exceptions and a "Shortening of Time" can be applied for.

The Marriage Regulations 2017 (Cth) Schedule 3 - Circumstances for authorising marriage despite late notice. The 5 prescribed categories are set out below.

They are;

- 1 Employment‑related or other travel commitments
- 2 Wedding or celebration arrangements
- 3 Medical reasons
- 4 Legal proceedings
- 5 Error in giving notice

Please see the bottom of this page for details for each of these situations and examples, as published by Sutherland Local Court.

Please click and read Schedule 3 to see full details and documentation required

Please note;

the reason for seeking a shortening of time must fall within one of the prescribed categories before the application can be considered
a prescribed authority has no discretion to grant a shortening of time outside the circumstances covered by these categories
the granting of a shortening of time is not automatic, and
a prescribed authority may charge an application fee, celebrants should suggest that the couple check if a fee is charged when making an appointment, with a prescribed authority

The Process

There are 2 Options.

Option 1 - your Local Court - in person

Option 2 - Births, Deaths and Marriage - via email

Options 1 your Local Court registrar - in person

Step 1. Contact your Local Court registrar and explain that you require a meeting with a Prescribed Authority to arrange a Shortening of Time for your marriage Notice. Explain to them why you think you should get a shortening of time and ask what you will need to provide. They should be able to give you an indication at this point if your application for a shortening will be considered - and if so what documents you will need to bring to the meeting with the Prescribed Authority.

If you then wish to proceed

Step 2. Purchase a Lodgement Voucher from Simple Ceremonies for $110. To purchase Voucher click here

This voucher covers the cost of;

i) The lodgement of your Notice of Intended Marriage form (NoIM). The NoIM is valid for up to 18 months. If you do not get married within 18months, you will need to complete a new NoIM and purchase a new Lodgement Voucher or make a booking.

ii) The preparation of our STANDARD letter confirming the lodgement of your NoIM in relation to your proposed ceremony. Additional letters requiring changes to the format, information required, the proposed date or corrections will incur an additional fee of $50.

NOTE. All payments are Non_Refundable and not conditional on an Application being approved for a Shortening or any other requirement.

Step 3. Immediately complete your Notice of Intended Marriage form online with Simple Ceremonies - you will be directed how to do this once you have purchased a Voucher. NB. You will need to have lodged your Notice of Intended Marriage prior to your meeting with the Prescribed Authority.

Step 4. Sign and have your signature witnessed by an Authorised Person and upload it back to Simple Ceremonies, along with your IDs.

Step 5. Generally, within a few hours, you will receive an email containing a letter confirming your NoIM has been lodged (you will also receive a copy of the NoIM you uploaded) that has now been signed and dated by the celebrant. This is some of the documentation that you will be required to take to your meeting with the Prescribed Authority.

Step 6. Make an appointment with the Prescribed Authority - ensuring you have all the documents they require for you to bring to the meeting. To see documentation required please see Schedule 3 of the Marriage Regulations 2017

Generally, the Prescribed Authority will charge a fee of around $50 but clarify this with then before booking an appointment.

If you application is granted

Step 7. As soon as your application is granted contact Simple Ceremonies to confirm the specific location, date and time you would like to get married. Email us a copy of the NoIM/ Letter you received from the Prescribed Authority granting the shortening.

Step 8. Simple Ceremonies will provide you with a link to make your specific booking and make full payment.

Step 9. Love your ceremony!!!!

Options 2 . Births, Deaths and Marriages.

Step 1. Review Schedule 3 to see if you may qualify for a Shortening of Time. If you believe you do qualify and are able to provide the required documentation, as set out in Schedule 3, please proceed to Step 2.

Step 2. Prepare a letter out lining the following

- Your full names and contact details (address, email and phone number)

- headings "Requestions for a Shortening of Time"

- the reason you expect to get a Shortening of Time. Specifically list using the Options provided in Schedule 3.

Example.

"1 Employment-related or other travel commitments

(1) The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage or someone involved with the proposed wedding:

(a) has employment commitments that require the party's absence from the location of the proposed wedding for a considerable period of time"

- list the specific documentation you can provide (per Schedule 3 - "In determining whether a circumstance in subclause (1) is met, the prescribed authority may take into account the following:"

- Outline, in your words, your situation and why you would like a shortening of time.

Step 3. Email us at wedo@simpleceremonies.com.au attaching a copy of the letter and also all supporting documents.

Once we have received your email we will review your application, and provide feedback if necessary.

If we consider your application may comply, we will notify you so you can proceed to Step 4.

Step 4. Purchase an Application for Shortening Voucher from Simple Ceremonies for $260. To purchase click here.

This voucher covers the cost of;

iii) Forwarding your application (and supporting documents) on to BDM and then managing your application.

iv) Payment of the application fee charged by BDM ($48)

NOTE. All payments are Non_Refundable and not conditional on an Application being approved for a Shortening or any other requirement.

Step 5. Immediately complete your Notice of Intended Marriage form online with Simple Ceremonies - you will be directed how to do this once you have purchased a Voucher.

Step 6. Sign and have your signature witnessed by an Authorised Person and upload it back to Simple Ceremonies, along with your IDs.

NB. You will need to have lodged your Notice of Intended Marriage prior us sending in your application.

Step 7. Generally, within 7 days, you should hear from us, as to whether you application has been successful.

If you application is granted

Step 7. As soon as your application is granted we will contact you to confirm the specific location, date and time you would like to get married.

Step 8. We will then provide you with a link to make your specific booking and make full payment.

Step 9. Love your ceremony!!!!

Below is a list of circumstances in which the application may be granted by a Registrar:

1 Employment-related or other travel commitments

(1) The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage or someone involved with the proposed wedding:

(a) has employment commitments that require the party's absence from the location of the proposed wedding for a considerable period of time; or

(b) has other travel commitments.

Example 1: A party to the marriage has accepted an offer of employment for imminent transfer or posting overseas or to a part of Australia distant from the location of the proposed wedding for at least 3 months, and wishes to be married with the party's family and friends present before the departure.

Example 2: A party to the marriage realises that a close relative or friend of the party is in Australia but the relative or friend has a non-redeemable ticket for departure from Australia within less than a month, and the party wishes the relative or friend to be present at the wedding.

(2) In determining whether a circumstance in subclause (1) is met, the prescribed authority may take into account the following:

(a) documents relating to the employment commitments of a party to the marriage such as a letter of offer and a letter of acceptance;

(b) documents relating to the travel of a person such as a dated receipt or a ticket;

(d) any explanation provided for not postponing the proposed wedding;

(e) whether hardship would be caused to a party to the marriage if the marriage is not solemnised as proposed;

(f) any other matter that the prescribed authority considers relevant.

2 Wedding or celebration arrangements

(1) The marriage should be solemnised despite the required notice not having been received in time because of:

(a) the binding nature of the wedding arrangements or celebration arrangements made in connection with the marriage; or

(b) any religious consideration.

Example: Arrangements and non-refundable payments of a considerable sum have been made for the proposed wedding, or for any celebration associated with the marriage, and the date for the wedding or celebration cannot be changed.

(2) In determining whether a circumstance in subclause (1) is met, the prescribed authority may take into account the following:

(a) documents showing the extent of preparations for the proposed wedding, such as receipts showing dates and amounts of payments connected with the wedding;

(b) in the case of a religious consideration--the nature of the consideration;

(d) any explanation provided for not postponing the proposed wedding;

(e) whether hardship would be caused to a party to the marriage if the marriage is not solemnised as proposed;

(f) any other matter that the prescribed authority considers relevant.

3 Medical reasons

(1) The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage, or someone involved with the proposed wedding, is suffering from a medical condition of a serious nature.

Example: A party to the marriage, or a parent or close relative of the party, has a serious illness that will prevent the person from attending the wedding unless it is held in less than a month.

(2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:

(a) a letter from a medical practitioner or other health professional confirming the relevant health circumstances of a party to the marriage or a person involved with the proposed wedding;

(b) any explanation provided for not giving the notice sooner;

4 Legal proceedings

(1) The marriage should be solemnised despite the required notice not having been received in time because a party to the marriage is involved in a legal proceeding.

Example: A party to the marriage is subject to a pending court proceeding, and is at risk of imprisonment.

(2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:

(a) a sealed copy of any applicable court order;

(b) a letter from the party's solicitor stating the dates and nature of a pending court proceeding;

(d) any explanation provided for not postponing the proposed wedding;

(e) whether hardship would be caused to a party to the marriage if the marriage is not solemnised as proposed;

(f) any other matter that the prescribed authority considers relevant.

5 Error in giving notice

(1) The marriage should be solemnised despite the required notice not having been received in time because:

(a) it was due only to error on the part of an authorised celebrant (or a person the parties to the marriage believed to be an authorised celebrant) that:

(i) the notice was not given; or

(ii) the notice given was invalid; or

(iii) a notice given earlier was lost; and

(b) arrangements have been made for the proposed wedding to take place within less than one month.

Example 1: The parties have given significant notice to the authorised celebrant orally, and arrangements for the proposed wedding have been made, but written notice was not given in the required time because the authorised celebrant failed to explain the notice requirements properly.

Example 2: The parties have given written notice in the required time, and arrangements for the proposed wedding have been made, but the notice is invalid because the person to whom the notice was given was not yet registered as a marriage celebrant.

Example 3: The parties gave written notice in the required time, and arrangements for celebrations have been made to follow the marriage ceremony, but the original notice was lost by the authorised celebrant and the replacement notice was not given in the required time.

(2) In determining whether the circumstance in subclause (1) is met, the prescribed authority may take into account the following:

(a) documents confirming why the notice was not given, such as a letter confirming an earlier interview between the authorised celebrant and the parties to the marriage;

(b) a letter from the person to whom the notice was given explaining why the notice was invalid or lost;

(d) any other matter that the prescribed authority considers relevant.

If you believe you meet any of the above criteria please make an application for the Registrar's consideration. You will also need to provide the Notice of Intended Marriage and Cenebrant's consent to perform the ceremony.