Marriage in Australia
The Marriage Act 1961 applies uniformly throughout Australia (including its external territories) to the exclusion of all state laws on the subject.
This may be to the family’s ancestral home country, to a destination wedding location or because they would not be permitted to marry in Australia.
[4] According to a 2008 Relationships Australia survey love, companionship and signifying a lifelong commitment were the top reasons for marriage.
"[12] The 2004 Act also expressly declared same-sex marriages entered into abroad were not to be recognised in Australia.
This was in response to a lesbian couple getting married in Canada and applying for their marriage to be recognised in Australia.
A marriage must be entered into with the full consent of both parties, and it is an offence to force someone to marry them or another person, by the use of coercion, threat or deception, and whether in Australia or abroad.
[15] but in "unusual and exceptional circumstances" a person aged 16 or 17 can marry with parental consent and authorisation by a Magistrates Court.
[16] In deciding whether to make an order allowing a marriage, the judge or magistrate must be satisfied that the person is at least 16 years old and that the circumstances of the case are exceptional and unusual.
The only requirements for registration of a minister of religion is that he or she is nominated by a proclaimed "recognised denomination", is a resident in Australia, and is at least 21 years old.
The Sex Discrimination Act 1984 (Cth) was amended with the 2017 recognition of same-sex marriages to exempt a minister of religion or religious marriage celebrant or chaplain from the prohibition of sex discrimination by refusing to marry same-sex couples.
For registration, they must meet a number of requirements, in addition to being at least 18 years old and "fit and proper" persons.
The register will take into account knowledge of the law, commitment to advising couples about relationship counselling, community standing, criminal record, the existence of a conflict of interest or benefit to business, and "any other matter", which includes professional development and an adherence to a code of practice.
[25][2] In exceptional circumstances, the couple can apply for a waiver of the one-month waiting period,[26] This Notice is not a marriage licence, as a couple does not normally require an official authorisation to marry, but a person aged 16-18 wishing to marry requires parental consent and the authorisation of a judge.
This may be to the family’s ancestral home country, to a destination wedding location or because they would not be permitted to marry in Australia.
However, if a party to the marriage is not an Australian citizen, issues may arise with plans for the couple to move to and live in Australia.
While legally valid as proof of marriage, the couple’s copy is not generally acceptable as an official document.
[33] States and territories sometimes market commemorative marriage certificates, which generally have no official document status.
[34] Marriage certificates are generally not used in Australia, other than to prove change-of-name, and proof of marital status for probate purposes or in a divorce application.
It defined marriage as "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life".
[40] The definition pronounced by Lord Penzance in the case was: "I conceive that marriage, as understood in Christendom, may for this purpose be defined as the voluntary union for life of one man and one woman, to the exclusion of all others".
[43] In 2009, the Labor Rudd government enacted the Family Law Act 2009, which recognised the property rights of each partner of a de facto relationship, including a same-sex relationship, for the purposes of the Family Law Act 1975.
In 2009, the Australian Bureau of Statistics noted that "The proportion of adults living with a partner has declined during the last two decades, from 65% in 1986, to 61% in 2006".
[45] Cohabitation is often a prelude to marriage and reflects an increasing desire to attain financial independence before having children.
"[52] The 2004 Act also expressly declared same-sex marriages entered into abroad were not to be recognised in Australia.
This was in response to a lesbian couple getting married in Canada and applying for their marriage to be recognised in Australia.
