Introduction to Family Law

Section 2: Marriage

By: Room Staff |



To gain legal recognition for marriage in Australia, one must fill out the Notice of Intended Marriage form and involve a certified marriage celebrant. Notably, although they are generally acknowledged, overseas marriages cannot be registered in Australia.

Validating a marriage requires completing the necessary paperwork and engaging a celebrant who can affirm the marriage’s legality.

Legal Requirements and Procedures for Marriage

The necessary documents for marriage in Australia include:

  • Original birth certificate
  • Passport
  • Driver’s license
  • Proof of age/photo card
  • Certificate of Australian citizenship

Valid Marriage Criteria

The criteria for a legally recognised marriage are as follows:

  • Age Requirement. Both parties must be at least 18 years old. If one is 16-18, a court order is needed.
  • Consent. Both individuals must freely consent to the marriage without coercion.
  • No Prohibited Relationships. Parties cannot be closely related, like siblings or parent and child.
  • Not Already Married. Both must be single, with any previous marriages legally ended.
  • Understanding of Marriage. Both parties must understand the nature of the marriage contract.

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