Cameron Miranda
Australia has a set of laws that prohibit certain marriages. While the country is flexible and inclusive when it comes to marriage, there are specific laws that prohibit certain relationships. For instance, it is illegal to marry a parent, grandparent, child, or grandchild. This also includes siblings, whether they are related by blood or adoption. So, can you marry your brother-in-law in Australia?
| Characteristics | Values |
|---|---|
| Minimum age | 18 years old, unless a court has approved a marriage where one party is aged between 16 and 18 years old |
| Consent | Both parties must understand what marriage means and freely consent to it |
| Citizenship | Not required |
| Gender | No longer a determining factor |
| Prohibited relationships | Parent, grandparent, child, grandchild, sibling, or any relative by adoption |
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What You'll Learn
Marriage laws in Australia
Marriage is a significant milestone and a legal commitment in Australia. The federal government oversees marriage laws in the country through the Marriage Act 1961. This Act initially did not include a definition of marriage, leaving it to the courts to apply the common-law definition. However, in 2004, the Marriage Amendment Act introduced a definition of marriage as "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life." This amendment also aimed to outlaw the recognition of same-sex marriages performed in foreign jurisdictions.
In December 2017, Australia legalised same-sex marriage, amending the definition of "marriage" to "the union of two people to the exclusion of all others, voluntarily entered into for life." This change recognised monogamous same-sex marriages and retrospectively acknowledged those performed in foreign countries, provided they were permitted in the respective jurisdiction.
To legally marry in Australia, certain requirements must be met:
- Both parties must be at least 18 years old. In exceptional circumstances, a person aged 16 or 17 can marry with parental consent and authorisation by a court.
- The marriage must be entered into with the full consent of both parties, and it is illegal to force or coerce someone into marriage.
- The marriage must be monogamous, meaning a union between two people, regardless of gender. Polygamous marriages are not recognised.
- Certain relationships are prohibited by law, including marriages between direct descendants, siblings, parents, grandparents, children, and grandchildren. This includes relatives via adoption.
- The marriage must be officiated by a registered marriage celebrant, who can conduct either civil or religious ceremonies.
- There is no citizenship or residency requirement for marriage in Australia, but a domestic marriage celebrant must be employed, and other domestic requirements must be satisfied.
It is important to note that marriages performed abroad are usually recognised in Australia if they comply with the applicable foreign law. A foreign marriage certificate is typically sufficient evidence, and such marriages do not need to be registered in Australia.
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Who you can't marry
In Australia, a person must be at least eighteen years old to marry, unless a court has approved a marriage where one party is aged between sixteen and eighteen years old. Both parties must understand what marriage means and freely consent to it.
In terms of who you cannot marry, certain types of relatives have a prohibited relationship with you, which means that you cannot marry a: parent, grandparent, child, or grandchild, brother or sister, blood or adopted. This also includes step-siblings.
To be legally recognised, your ceremony must be officiated by a registered celebrant. This can be a state/territory-appointed celebrant, commonwealth civil celebrant or minister of religion (registered religious marriage celebrant), depending on whether you choose a civil or religious ceremony.
In addition, you cannot marry someone under eighteen years old, unless the marriage has been authorised by a court and the relevant consent requirements have been met, or if the person has been married before. Forcing someone to marry you is also illegal.
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Who you can marry
In Australia, there are no requirements for you or your partner to have lived in the country for a certain period of time before getting married. People from outside Australia can marry while visiting the country on a tourist visa. Members of the LGBTIQ+ community have the same legal rights as other members of the general population when it comes to marriage.
To be legally married in Australia, a person must be at least 18 years old, unless a court has approved a marriage where one party is aged between 16 and 18 years old. The marriage must also be freely consented to by both parties.
In terms of who you can marry, you cannot marry a parent, grandparent, child, or grandchild. This includes relatives in these categories via adoption. You also cannot marry your sibling, whether they are a full or half-sibling, or related by adoption.
However, it is legal to marry other types of relatives, including aunts, uncles, cousins, step-siblings, and foster siblings.
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Legal requirements for marriage
In Australia, marriage is a union of two people of any sex or gender, voluntarily entered into for life. The legal requirements for marriage in Australia are as follows:
Age
Both parties must be at least 18 years old. If one party is aged between 16 and 18, court approval is required, and the other party must be at least 18 years old.
Consent
Both parties must freely consent to the marriage. This means that forced marriage is illegal, even if a parent gives permission on behalf of their child.
Notice of Intended Marriage (NOIM)
A NOIM form must be given to an authorised marriage celebrant at least one month and no more than 18 months before the wedding. If one party is overseas, their signature can be witnessed by an Australian Consular Officer, an Australian Diplomatic Officer, a notary public, or specific employees of the Commonwealth or Australian Trade Commission. The other party can sign the NOIM in front of the authorised marriage celebrant when they arrive in Australia.
Prohibited Relationships
Certain relationships are prohibited by law. This includes marriages between relatives such as ancestors or descendants, siblings (including half-siblings), and adoptive parents or children.
Marriage Certificate
On the wedding day, three marriage certificates must be signed. The authorised marriage celebrant will provide a ceremonial certificate, and they must submit the marriage paperwork to the registry of births, deaths, and marriages in the state or territory of the wedding within 14 days. The couple can then apply for a copy of their official marriage certificate.
Name Change
In Australia, a person who marries may choose to assume their spouse's surname or a combination of both surnames. This is not required by law, and there is no legal requirement to change back to a maiden name after divorce.
Overseas Marriage Recognition
Overseas marriages are generally recognised in Australia if they are similar in nature to Australian marriages, i.e., both parties were over 18, not already married, and not in a prohibited relationship. However, there is no provision to register an overseas marriage in Australia, and a couple cannot remarry in Australia if they are already legally married overseas.
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Marriage certificates
In Australia, certain types of relatives have a prohibited relationship, which means that marriage between them is illegal. This includes a person and their ancestor or descendant, a brother and a sister (whether of the whole blood or the half-blood), and a person who is or was an adopted child and their adoptive parent.
To apply for a marriage certificate in New South Wales, one must be either a person applying for their own marriage certificate, a child of the marriage if both individuals named in the marriage are deceased, a marriage celebrant applying through eRegistry at the time of registering a marriage, or an authorised representative of either person named in the marriage. The fastest way to complete and lodge an application is online. One can also download and print the marriage certificate application form and post it along with the required document copies to the address listed on the form.
In Victoria, marriage certificates can be issued to anyone whose marriage took place in the state. Anyone can access a historical marriage certificate (more than 60 years ago). Certain people can also apply for a copy of someone else's certificate.
In South Australia, applications for a marriage certificate can be made through Consumer and Business Services. A 'no record' certificate is issued if a record cannot be found to match an application, and a search fee of $67.50 for each ten-year period is charged. An application can be fast-tracked by paying a priority fee of $47.00.
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Frequently asked questions
No, in Australia, you cannot marry your brother-in-law as it is considered a prohibited relationship.
A prohibited relationship is a blood or adopted relationship between certain relatives. This includes a parent, grandparent, child, grandchild, or sibling.
To be legally married in Australia, you must: be at least 18 years old (unless a court has approved a marriage for someone between 16 and 18 years old), understand what marriage means, and freely consent to it.
Yes, members of the LGBTIQ+ community have the same legal rights when it comes to marriage in Australia as other members of the population. People from outside Australia can marry while visiting on a tourist visa, for example.
