Anaya Nolan
Australia's marriage laws are contained in the Marriage Act 1961 (Cth), which sets out who may marry, who may perform the marriage ceremony, and how, where, and when it may be performed. Marriages in Australia must be solemnised by an authorised marriage celebrant, including ministers of religion, state and territory registry officers, and civil marriage celebrants. There is no citizenship or residency requirement for marriage in Australia, and marriages performed abroad are generally recognised as valid in Australia as long as they comply with the laws of the country in which they took place. Australia has a no-fault divorce system, and same-sex marriages are recognised as lawful.
| Characteristics | Values |
|---|---|
| Marriage laws | Governed by the Marriage Act 1961 (Cth) |
| Marriageable age | 18 years, 16 or 17 with parental consent and court authorisation |
| Citizenship or residency requirement | None |
| Marriage certificate requirement | Not generally required, except for specific purposes like name change or probate |
| Recognition of marriages performed abroad | Valid if in accordance with the applicable foreign law |
| Recognition of same-sex marriages | Yes, since 9 December 2017 |
| Recognition of de facto relationships | Yes, under federal, state, and territory laws |
| Types of marriage celebrants | Ministers of religion, state and territory registry officers, and civil marriage celebrants |
| Requirements for civil marriage celebrants | Legal age, "fit and proper" persons, knowledge of the law, commitment to relationship counselling, community standing, etc. |
| Notice of Intended Marriage | Required at least one month before the wedding, valid for 18 months |
| Divorce | Governed by the Family Law Act 1975 (Cth), no-fault system, requires a minimum 12-month separation |
| Prenuptial agreements | Recommended for all couples |
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What You'll Learn
Marriage recognition and requirements
Marriage in Australia is regulated by the federal government through the Marriage Act 1961 and the Marriage Regulations 1963. The Marriage Act 1961 defines marriage as "the union of two people to the exclusion of all others, voluntarily entered into for life". This definition became law on 9 December 2017, and state and territory governments are required to align their laws and regulations with it.
There is no citizenship or residency requirement for marriage in Australia. However, if one is not an Australian citizen or permanent resident and wishes to live in Australia after marriage, one should look into getting a visa. Marriages performed abroad are generally recognised in Australia if they comply with the relevant foreign law and do not need to be registered in Australia. However, some states and territories may not accept overseas marriage certificates for name changes.
To get married in Australia, couples must give their marriage celebrant a Notice of Intended Marriage at least one month before the wedding ceremony. In exceptional circumstances, this waiting period can be waived. The celebrant must then meet separately and in person with each party to the marriage before the marriage is solemnised. The marriage must be solemnised by an authorised marriage celebrant, who can be a minister of religion, a state or territory registry officer, or a civil marriage celebrant. On the wedding day, three marriage certificates must be signed by the couple, their witnesses, and the celebrant. The celebrant must submit the marriage paperwork to the registry of births, deaths, and marriages within 14 days of the marriage.
The marriage celebrant needs to see evidence of the couple's place and date of birth, identity, and divorce or death of a previous spouse, if applicable. Both parties to the marriage must also indicate whether they are the 'partner', 'bride', or 'groom'. The general marriageable age in Australia is 18 years, but in "unusual and exceptional circumstances", a person aged 16 or 17 can marry with parental consent and authorisation by a Magistrates Court. Marrying a parent, grandparent, child, grandchild, sibling, brother, or sister (including by adoption) is prohibited.
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Marriage certificates
If you are married in Australia, your celebrant will give you a ceremonial certificate of marriage on the day. They must then submit your marriage paperwork to the registry of births, deaths and marriages in the state or territory where the marriage took place within 14 days. You should then apply for a copy of your official marriage certificate from the registry.
The Perth Registry Office is the only establishment that can issue a certified (legal) marriage certificate immediately after your marriage ceremony in Western Australia.
To apply for a marriage certificate, you will need to provide basic information such as the couple's names and the date of the marriage or registration. You will also need to prove your identity, unless you are applying for a certificate that is over 75 years old. You will need to provide at least one document showing your name and address, and one document with your signature. All identification documents must be current.
If you are applying online, you must include a document from a specified list, or your Medicare card, to be verified by the online Document Verification Service (DVS). If you live overseas, you can use your overseas driver's licence or passport.
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Marriage celebrants
Ministers of religion must be nominated by a recognised religious denomination, be Australian residents, and be at least 21 years old. They are exempt from the Sex Discrimination Act 1984, which prohibits discrimination based on sexual orientation, allowing them to refuse to marry same-sex couples if it conflicts with their religious beliefs.
State and territory registry officers conduct non-religious civil ceremonies. They are regulated by the registry of births, deaths, and marriages in their respective state or territory.
Civil marriage celebrants are authorised to perform civil wedding ceremonies. To become registered, they must meet several requirements, including being of legal age, having knowledge of the law, demonstrating a commitment to advising couples about relationship counselling, having good community standing, and having no criminal record. Most marriages in Australia are solemnised by civil celebrants.
Couples must provide their chosen marriage celebrant with a Notice of Intended Marriage at least one month before the wedding. In exceptional circumstances, a waiver of this waiting period can be requested. The celebrant will then provide the couple with a ceremonial marriage certificate on their wedding day and submit the necessary paperwork to the relevant state or territory registry within 14 days.
It is important to note that marriage celebrants in Australia must adhere to the Marriage Act, the Sex Discrimination Act, and the Celebrants' Code of Practice. Couples can browse authorised marriage celebrant databases to find one that suits their needs and can read customer reviews to gauge a celebrant's personality before booking.
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Marriage equality
Australia has recognised marriage equality since 2017, when same-sex marriage was legalised. This came about following a postal poll on the issue from September to November 2017, after the advocacy group Australian Marriage Equality (AME) lodged a High Court Challenge to the constitutional validity of this postal survey. The High Court ruled the survey could go ahead, and same-sex marriage was legalised.
AME was founded in 2004, after the Federal Parliament passed a bill amending the Marriage Act 1961 to exclude same-sex couples from legal recognition of their marriages. The group campaigned for marriage equality, partnering with a diverse range of organisations and supporters across the country. In 2009, AME began newspaper and television advertisements calling for same-sex marriage and was invited to speak at a hearing into the Senate Inquiry into the Marriage Equality Amendment Bill 2009. In 2013, AME announced it would distribute leaflets to over half a million Australian voters with information about their local candidate's stance on marriage equality.
Prior to the legalisation of same-sex marriage, same-sex couples in Australia could enter into civil unions or de facto relationships, which provided many of the same rights as married couples. In 2012, a civil union bill passed the Legislative Assembly, granting many of the same rights to same-sex couples as people married under the Marriage Act 1961. This was followed by the Marriage Equality (Same Sex) Act 2013, which was struck down by the High Court as inconsistent with federal law. However, the Civil Union Act 2012 continued to apply until 2017, when forming a new civil union was no longer possible.
In addition to these efforts, several Australian states and territories took steps towards legalising same-sex marriage. The Australian Capital Territory passed a same-sex marriage law in 2013, which was also struck down by the High Court. Tasmania was the only other state to pass same-sex marriage legislation before the nationwide legalisation in 2017. New South Wales and South Australia also introduced bills to legalise same-sex marriage at the state level, but these were not successful.
Today, Australia recognises the right to marry regardless of sex or gender, and marriages can be solemnised by authorised marriage celebrants, including ministers of religion, state and territory registry officers, and civil marriage celebrants.
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Divorce
Australian family law is principally found in the federal Family Law Act 1975 and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. Australia's laws on divorce and other legal family matters were overhauled in 1975 with the enactment of the Family Law Act 1975, which established a no-fault divorce system. This replaced the previous system, the Matrimonial Causes Act 1959, which required a spouse to establish one of 14 grounds for divorce, including adultery, desertion, cruelty, habitual drunkenness, imprisonment, and insanity.
Under the current no-fault divorce system, the only ground for divorce is a claim of an irretrievable breakdown of marriage, evidenced by a twelve-month separation. During this time, the couple may still be living together in the same home and be considered separated. If reconciliation occurs for three months or more, the 12-month qualification period must start again. A sole applicant will need to submit an affidavit containing proof of separation, as well as an affidavit from a neutral third party. For a joint application, both parties should file an affidavit, and a third-party affidavit is not needed.
An application for divorce cannot be filed before the expiration of at least two years since the marriage. When the court grants a divorce, it must be satisfied that proper arrangements have been made for the welfare of any children. If there are children, one of the parents must attend court for the divorce. Where there are no children under 18, the parties can request not to attend, although it is usually wise for the applicant to be present.
After the divorce is finalised, each party can apply to the Federal Circuit and Family Court of Australia (or the Family Court of Western Australia for Western Australian residents) for a proof of divorce certificate. Since 2009, matters arising from separations of de facto relationships, such as child custody and property rights, are also covered by the Family Law Act. De facto couples must cohabit for a minimum of two years for the Family Law Act to apply, unless they have a child together, have registered their relationship, or have made significant contributions to the relationship.
Australia recognises divorces obtained overseas if they were effected in accordance with the laws of that country.
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Frequently asked questions
There is no citizenship or residency requirement for marriage in Australia. However, you must employ a domestic marriage celebrant, give the requisite notice, and satisfy other domestic requirements. The general marriageable age is 18 years, but 16 or 17-year-olds may marry with parental consent and authorisation by a Magistrates Court.
There are three types of celebrants: ministers of religion, state and territory registry officers, and civil marriage celebrants. Civil celebrants are the most common type.
Marriages performed abroad are generally recognised in Australia if they are valid according to the laws of the country in which they took place. However, some states and territories don't accept overseas marriage certificates for name changes.
The most common way to end a marriage in Australia is by divorce. Australia has a no-fault divorce system, meaning neither party is blamed for the breakdown of the marriage. An application for divorce can be made to the Federal Circuit and Family Court of Australia after a period of separation of at least 12 months.
