The Australian government has proposed a change to the way marriages are conducted in the country, introducing a new provision to the Marriage Act 1961 on November 15. This move aims to make marriage “easier and more accessible” for Australian citizens and residents. The legislation changes will allow for a notice of intended marriage (NOIM) to be remotely witnessed via videoconferencing, eliminating the need for the process to be conducted in person.
A NOIM is a compulsory step in getting married in Australia and needs to be lodged at least one month before the wedding date, physically observed, and signed by two witnesses. However, due to the COVID-19 pandemic, temporary measures were introduced to allow online witnessing to prevent the virus’s spread.
The changes are proposed to make it more convenient for marrying couples, especially those in rural, remote, or regional parts of Australia. While remote witnessing will be an option, couples will still be able to choose the traditional, paper-based method if they prefer. However, the new legislative changes will require authorised celebrants to meet independently and in person with each party to the marriage before solemnising it, ensuring that both parties provide real consent to the marriage. This is a necessary safeguard to protect the parties involved and confirm the requirement for the physical presence of all parties, including the authorised celebrant and two official witnesses, on the day of the marriage.
In addition to the legislative changes, there has been a significant rise in the number of divorces in Australia. According to data from the Australian Bureau of Statistics, there were 56,244 divorces in 2021, the highest figure since Australia introduced no-fault divorce in 1976. The median age at divorce and the distribution of divorce durations were consistent with previous years’ statistics. A report by Australian Family Lawyers revealed unexpected causes for divorces in recent years, including differing views on COVID-19 vaccines, Trump politics, and conspiracy theories, as well as spouses changing gender and women becoming more independent and “selfish.”