Recognition of Overseas Marriages in Australia

Transcript

Recognition of Overseas Marriage The rules that govern whether or not an overseas marriage is valid under Australian law are found in the Marriage Act 1961. If you are married overseas, it will usually be recognised as valid in Australia if at the time you married your marriage was recognised as valid under the law of the country in which you married and it would have been recognised as a valid marriage under Australian law if you had married in Australia.

If you married overseas, there is no requirement to register the marriage in Australia. The Marriage Act 1961 states that an original or certified copy of a marriage certificate or record of marriage that is issued by a competent authority in a foreign country is proof of that overseas marriage and the validity of the marriage. A competent authority is one that is set out in the marriage regulations 1963 or any other authority that is competent under the law of the country where the marriage took place.

What makes an overseas marriage invalid? The Marriage Act 1961 sets out the reasons that would make an overseas marriage invalid in Australia. The reasons include at the time of the marriage, one of the parties was validly married to another person. One of the parties was not of marriageable age in Australia. The parties are too closely related to marry. This means one is an ancestor of the other, a descendant of the other or they are brother or sister.

Consent to the marriage by either of the parties was not real consent because it was obtained by duress or fraud. They were mistaken as to the identity of the other person. They did not understand the nature of the ceremony being performed or they were mentally incapable of understanding the nature and effect of a marriage ceremony. Overseas same-sex marriages. It may be legal to marry someone of the same sex in some overseas countries.

However, under the Australian Marriage Act 1961, a marriage is the union of a man and a woman to the exclusion of all others voluntarily entered into for life. A marriage in a foreign country between a man and another man or a woman and another woman is not recognised as a valid marriage in Australia. It could, however, be evidence of a de facto relationship for the purposes of Commonwealth, state and territory laws.

Currently in New South Wales, Tasmania and Queensland, couples can have their relationship recognised by having it recorded in their state relationships register. Australians marrying overseas. If an Australian citizen marries overseas, it will be recognised in Australia as a valid marriage, providing it was valid under the local law at the time it took place and would have been recognised as valid under Australian law if it took place in Australia.

If you choose to marry overseas, there may be additional legal requirements of which you must be aware to make sure that you are able to marry there. To find out the specific requirements for a valid overseas marriage in the country in which you want to marry, you need to contact the Embassy, Consulate or High Commission of that country. Some foreign governments require you to have a certificate of no impediment to marriage issued from a government authority.

The Department of Foreign Affairs and Trade, DFAT, in Australia can issue these, but some governments will only accept them if they are issued by the Australian Embassy in their country. Some countries may require you to get a single status certificate or no record result. These can be obtained from your state or territory registry of births, deaths and marriages. You may also need your original birth certificate and passport and your divorce papers or the death certificate of your former spouse if you are divorced or widowed.

Marriage and Immigration Being married to an Australian citizen does not automatically [historical promotional assurance omitted] that a citizen of another country can move to Australia and live here legally. A valid visa is still required. The Department of Immigration and Border Protection can advise you as to what is required for immigration to Australia. If you or someone you know is concerned about the validity of an overseas marriage or you have concerns about citizenship following an overseas marriage, it is important to obtain legal advice as soon as possible.

Go To Court Lawyers operate a Legal Hotline on the retired Go To Court contact number (omitted) where you can talk directly to a lawyer 7am till midnight 7 days a week. Your call will be treated with the strictest confidentiality and without judgement. The lawyer will assess your matter and recommend a course of action. Should you need a court lawyer, even at very short notice, the Legal Hotline staff will be able to arrange one for you.

You can also request a call back via the website gotocourt.com.au and a lawyer will call you back to assess your matter.