Marriage & Migration, Overseas Marriages & ‘Registering Overseas Marriages’ in Australia  & all that jazz.

Marrying in Australia

You don’t have to be an Australian citizen or a permanent resident of Australia to legally marry here.

You can find marriage visa information on the Department of Home Affairs website, if you hope to live in Australia after your marriage.

immi.homeaffairs.gov.au/visas/getting-a-visa/visa-finder/join-family

In cases where a marriage involves an Australian citizen and a foreign citizen, celebrants should recommend that parties obtain advice about immigration issues from the Department of Home Affairs or a registered migration agent. Details of registered migration agents can be found on the Migration Agents Registration Authority website.

If a person approaches a celebrant because an Australian Government agency has raised questions about the recognition in Australia of the person’s foreign marriage, it is recommended that the celebrant refer the couple to obtain legal advice.

Getting married overseas

If you intend to marry overseas, please note that marriage celebrants authorised in Australia can only perform legal marriages within Australia.

An overseas marriage cannot be registered in Australia. Ensure you keep this certificate as it may not be easy to replace if lost and it provides the only evidence of the overseas marriage.

ag.gov.au/FamiliesAndMarriage/Marriage/Pages/Getting-married.aspx
bdm.vic.gov.au/marriages-and-relationships/overseas-marriages

‘Registering Overseas Marriages’ in Australia

While a marriage that takes place overseas can’t be registered in Australia, it will generally be recognised if:

  • It’s recognised under the law of the country where the marriage took place /was a valid marriage in the overseas country
  • Would have been recognised as valid under Australian law if the marriage had taken place in Australia.
  • Both parties are at least 18 years of age
  • Neither party is married to another person at the time of marriage.
  • Recognised marriages include overseas same-sex marriages that occurred prior to December 2017.

If you married overseas, you need to:

  • Make sure your marriage is registered in that country
  • Have evidence of the marriage, including official, commemorative or keepsake documents you got at the time of the ceremony and the foreign marriage certificate will be evidence the marriage has occurred.

If you have been validly married overseas… you will need proof via documents OR validation from the Consulate of that country with legal documentation/advice from them , that the marriage is valid. Any foreign marriage certificates in languages other than English, must be translated by a NAATI endorsed translator, if a person presents one . LINK to interpreters

I cannot marry you again in Australia , if you have been validly married overseas nor ‘register’ your marriage in Australia. I can, of course, do a ‘commitment ceremony’.

Under section 113 of the Marriage Act, persons who are already legally married to each other cannot go through a further form or ceremony of marriage to each other in Australia.
It is an offence for a celebrant to purport to solemnise such a marriage.

There are exceptions to the rule in section 113. These are where:
• There is a doubt as to the legal validity of the previous marriage ceremony

For me to legally marry you if you have had a ‘ceremony’ overseas, you need Validation from the consulate of that country, with legal documentation that the marriage is NOT valid.
From the Guidelines ‘Before any such ceremony, the parties must produce to the proposed celebrant:

  • a joint statutory declaration stating that they have previously gone through a form or ceremony of marriage with each other and specifying the date, place and circumstances of that ceremony. The joint statutory declaration must state that they are the parties mentioned in the marriage certificate, and
  • the statutory declaration must contain a certificate by a barrister or solicitor that, on the facts stated in the declaration, there is in their opinion, a doubt whether the parties are legally married or whether their marriage could be proved in legal proceedings.76

Once the above requirements are satisfied, the provisions of the Marriage Act apply to the second marriage ceremony as if the parties were unmarried., except the marriage certificates must bear the following endorsement—using exactly the words below—and signed by the celebrant :77

“The form or ceremony of marriage between the parties took place or was performed in accordance with subsection 113(2) of the Marriage Act 1961, the parties having previously gone through a form or ceremony of marriage with each other on [date of marriage] at [place of marriage] Dated [date] [Signature of authorised celebrant]”

To contact the relevant foreign embassies, consulates and local representatives, visit DFAT dfat.gov.au/about-us/foreign-embassies/Pages/foreign-embassies-and-consulates-in-australia.aspx
bdm.vic.gov.au/marriages-and-other-relationships

If a person approaches me because an Australian Government agency has raised questions about the recognition in Australia of the person’s foreign marriage, it is recommended that I refer you (the couple) to obtain legal advice.

Please note that it may not be possible to rely on a marriage certificate issued overseas for some purposes in Australia. A party to a marriage which takes place overseas may not be able to rely on an overseas marriage certificate to have an Australian driver’s licence or an Australian passport issued in their married name.