Can an overseas marriage be registered in Australia? The general answer is no. You can’t register your marriage in Australia because the law does not require it. However, for most cases, Australian law recognises overseas marriage.
In this article, we will talk about how the recognition of an overseas marriage takes place under Australian laws. Moreover, we will also discuss relevant provisions on overseas marriage under the Marriage Act 1961 of New South Wales. This Act also specifies some types of overseas marriage that requires in Australia.
To know about the more comprehensive answer of the question, “Can an overseas marriage be registered in Australia?” Let us explore the relevant provisions under the Act.
The Marriage Act 1961: Overseas Marriage
Can an overseas marriage be registered in Australia? Let’s find out by reading these important provisions under the Marriage Act 1961.
Division 1 of the Act lays down the relevant provisions on overseas marriage. Since the law does not require the registration of overseas marriage in Australia, let’s learn about what the law says when it comes to overseas marriage.
Although generally, Australian law do not require registration of overseas marriage, there’s one type that the parties must register. Under Division 4 of the Act, overseas marriages attended by an authorised celebrant must be registered. We will discuss this further in the later part of this section.
Furthermore, Part VA of the Act pertain to the provisions on the recognition of foreign marriages. It lays out the rules as to the:
- validity of marriages,
- incidental determination of recognition of certain foreign marriages, and
- evidence.
Let us now take a deep dive of what these rules are and their implications.
Division 1: Registrar of Overseas Marriages
This Division states that the Minister will appoint a Registrar of Overseas Marriage by a written instrument. The duties of the Registrar are the following:
- The Registrar must keep a Register of Overseas Marriage.
- The Registrar must register all marriages that are required to be registered under Part V of the Act, such as:
- Marriages of members of the Defence Force overseas (s71)
- Overseas marriages attended by authorised celebrant (s84)
- Marriages solemnised under the Marriage (Overseas) Act 1955 that has not been registered under the Marriage Act 1961 (s63)
- Marriages solemnised before the commencement of Marriage Act 1961 and in respect of which a certificate has been forwarded (s63)
Can an overseas marriage be registered in Australia? Under this Division, the answer will be yes. Overseas marriage can be registered but the registration is limited to certain types of overseas marriage.
Division 4: General Provisions
Can an overseas marriage be registered in Australia? This division will tell you that the answer can be YES. Specific types of overseas marriages must be comply with registration requirement in Australia.
Division 4 of the Act contains the general provisions relating to overseas marriages. Here’s an overview of the contents of this Division:
- The validity of the marriage.
- The authorised celebrant must make a declaration as to the parties’ conjugal status, no legal impediment to marry, and other relevant matters.
- If a party is a minor, the law requires additional consent.
- Restrictions on solemnising overseas marriages.
- Solemnisation of marriages where one party is not an Australian citizen.
- Marriage certificates and registration of marriages.
- Power to refuse solemnisation of marriage.
- Registration of overseas marriage attended by an authorised celebrant.
- Certificates of marriages solemnised in accordance with local law in an overseas country.
- Evidence.
Can an overseas marriage be registered in Australia? The Act does not require all types of overseas marriages to be registered in the Register. Under the current legislation, if the overseas marriage was attended by an authorised celebrant, it must be entered in the Register. Section 84 of the Act lists the following requirements:
- The marriage attended by the authorised celebrant must have at least one party who is an Australian citizen or a member of the Defence Force,
- The authorised celebrant is satisfied that the marriage has taken place in accordance with the law of that country,
- A party must inform the celebrant, in writing, that wants to register the said marriage, and
- The celebrant must forward a certificate in respect of such marriage to the Register.
When the registrar receives the certificate, they will register the marriage.
Part VA: Recognition of Foreign Marriages
Can an overseas marriage be registered in Australia? Not all types of foreign marriage must be registered. Nevertheless, Australian law recognises them.
A foreign marriage is a marriage solemnised in a foreign country by or in the presence of a diplomatic or consular officer of another foreign country. However, for Australian law to recognise foreign marriages, the parties must present the following documents:
- An original or certified true copy overseas marriage certificate, entry or record of a marriage solemnised under the law of a foreign country.
- A competent authority of that country or of that part of the country where the solemnisation of the marriage took place must issue the document.
In summary, for Australia to recognise your overseas marriage, it must be valid under the law of the country where it happened. You need a foreign marriage certificate as proof of your overseas marriage. However, there are also instances when Australia cannot recognise your marriage:
- You are already married to someone else.
- You are not old enough to get married.
- You and your partner too closely related.
- You were forced to get married.
If Australia does not recognise your marriage, you will have to:
- provide a statutory declaration relating to the validity of the marriage.
- have a marriage ceremony in Australia.
General Requirements for Overseas Marriage for Australians
If you’re planning to marry overseas, here are the steps that you need to take:
- Check the legal requirements with the embassy or consulate of the country where you want to have your overseas marriage and if overseas same sex marriages conditions apply to you.
- Gather the following documents. The embassy or consulate might require these to prove that you are single:
- A Single Status Certificate from the NSW Registry of Births, Deaths & Marriages (Click here to see the single status certificate)
- Certificate of no impediment to marriage from the Department of Foreign Affairs and Trade, or from the Australian embassy or consulate in the foreign country
- certificate showing dissolution of your previous marriage, including a divorce certificate or your spouse’s death certificate
If you cannot present these, the Australian government may render your overseas marriage invalid.
Talk to Us About Overseas Marriage
JB Solicitors is a team of experienced family law solicitors who handle various family cases in Australia. If you’re preparing for an legally recognised overseas marriage and you have special circumstances, our lawyers are available for consultation.
Hiring a competent family lawyer will lessen your doubts and worries when it comes to dealing with legal situations involving family law matters. We also handle family law cases such as divorce and separation, child custody, binding financial agreements, domestic violence, and estate planning.
Schedule a consultation today to know more about “Can an overseas marriage be registered in Australia?”
