I don't know for sure, but I'd be very surprised if you can get a NOIM before you're legally divorced.

In the UK at least, registering your intention to marry is the first part of the process and, as you could technically get married as soon as your certificate is processed, you have to legally be able to do it when you do it.

 

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.

From:
GUIDELINES ON THE
MARRIAGE ACT 1961
FOR MARRIAGE CELEBRANTS

 

Thanks a lot!

 

Just another thought on that though, in regards to the 300 PMV Visa.
Immigration may look at it with a different view.
They would probably/may need to see the divorce is done before issue of Visa.

 

Ya, as far as I'm aware, that is the case. You need to provide the divorce certificate as well. However, you can submit whenever you choose, you just need the certificate by time of the decision (as far as I'm aware in my research). Right after the decision is finalized by the courts I plan on submitting for the visa and so was wanting to get this knocked out of the way on my upcoming trip so I have everything all in line. Then attaching the divorce certificate once received after submission as I believe is acceptable from the research I've done (referencing in case anyone else has the same question). Thanks again for the info, very helpful.

 

We submitted our NOIM 5 months after we did the PMV application. So late submission of some forms does appear acceptable.

 

Ah I see. I'll probably still try to get it done ahead of time, but I thought you had to have it in at submission so that is good to know in case.

 

When we did the PMV we told them we would get the NOIM in Australia at a later date as we both wanted to sort out exactly where and who would marry us. We did that while using a visitor visa.