Can you get a NOIM while still legally married?.
After separation some new couples wish to arrange a new marriage, and this involves first getting a Notice of Intended Marriage [NOIM].
Normally most people assume that they need to be fully divorced before proceeding with this step, however, it appears that they may not need to wait until the divorce is final.
This is particularly important when one party of the new couple is overseas and arranging a Prospective Marriage (subclass 300) visa [PMV] to join their partner.
According to the Guidelines On The Marriage Act For Marriage Celebrants this is the official answer:
A NOIM can be received by an authorised celebrant even though a party is, or both parties are, still married to another person at the date of receipt of the NOIM.
In such cases it is sufficient that the married party or parties note when filling in the NOIM that they are still married, that a divorce order is being sought and the date upon which the divorce is expected to be finalised.
However, the marriage cannot be solemnised unless evidence of the divorce is given to the authorised celebrant prior to the solemnisation of the marriage.
The Guidelines on the Marriage Act 1961 for marriage celebrants contains essential information on solemnising marriages.