Overseas Marriage Legal in Australia

Around one million Australians live and work overseas at any given time. Good preparation for a long stint will make the transition less stressful. If you are getting married in Queensland, your legal spouse must register your marriage on your behalf. By law, you have 14 days to file your marriage for registration. If you were born or married abroad, you cannot automatically adopt your spouse`s surname. You must apply to change your name. What are the legal requirements if you are getting married in an Australian state or territory other than NSW, or if you are getting married overseas? If you are getting married overseas, this can be considered a legal marriage in Australia – as long as you have a marriage certificate from the registration authority of the country where you got married. A foreign wedding is quite common in Australia, as many Australians opt for a wedding. However, a common question we are asked by many couples exploring the option of getting married in a foreign country is: if we are married overseas, do we have to remarry in Australia for our marriage to be valid? Under the Marriage Act 1961, you cannot register an overseas marriage in Australia, but the marriage is legally recognised in Australia as long as you meet certain essential legal requirements. Here`s everything you need to know about overseas marriage in Australia. The bad news is that if the marriage took place during a period of civil war or during a period of armed conflict within the country, it may be impossible to meet local requirements.

Therefore, the marriage cannot be recognized as valid in Australia. If you have questions about the validity of your marriage abroad, if you have recently separated from your spouse and want to file for divorce with a foreign marriage certificate, our experienced family law lawyers can help. Please contact us and we will help you achieve the desired result. If your foreign marriage is not legally recognised in Australia, you should generally: If you are unsure about your marriage or the validity of your marriage, you should seek advice from a family law lawyer. Same-sex marriages abroad are now automatically recognised under Australian law, provided they meet all the requirements for a valid marriage. These are the same criteria that opposite-sex marriages must meet to be recognized in Australia. The rules governing the validity or otherwise of a foreign marriage under Australian law are set out in the Marriage Act 1961. Authorised spouses can apply as online service providers for marriage registration in Queensland. The system is free and easy to use.

When announcing your wedding, guests will usually ask you where? when? Do I still have to buy you a gift? However, what does the typical family lawyer ask, will your target marriage be legally recognized upon your return to Australia? Although you cannot register a foreign marriage in Australia, in most cases the marriage is legally recognised in Australia. The rules relating to the validity of a marriage under Australian law are contained in the Marriage Act 1961 (Cth). Studying abroad can be exciting and rewarding. Whether you`re going on a short class trip or a longer academic exchange, it`s important to be prepared. Under the Marriage Act 1961 (Cth), a foreign marriage cannot be registered in Australia, but is recognised if the marriage is valid under the law of the country where the marriage was contracted and as long as the marriage would still be considered valid if contracted in Australia. In addition, the following conditions must be met: If you got married overseas, there is no need to register the marriage in Australia. The Marriage Act 1961 provides that an original or certified copy of a marriage certificate or marriage certificate issued by the competent authority of another country is proof of the foreign marriage and the validity of the marriage. A competent authority is an authority defined in the Marriage Regulations 1963 or another competent authority under the law of the country in which the marriage was contracted. If you reside in Austria or one of the above countries, you can obtain a CNI from the Consular Section of the Australian Embassy. The ID is required by the authorities as proof that you can marry under Australian law. As a first step, an application for a certificate of absence of marital impediment must be completed by the bride and groom.

The form contains a statement that there is no legal obstacle to the proposed marriage. The signature of the Australian spouse(s) must be attested by an embassy consular officer, notary or court official. Based on this declaration, the Embassy will issue a Certificate of No Impediment. Passports must be submitted with the application if presented in person, or certified copies of passports if submitted by mail. Not all marriages contracted overseas are recognised by the Australian government. The Marriage Act 1961 (Cth) recognises most marriages overseas, with the following exceptions: If you are not getting married in New South Wales, legal requirements may vary. The specific requirements depend on where you are getting married. In Australia, marriages are registered in the state or territory where they are contracted.

The Department of Justice administers Australia`s family law and marriage policies. This includes who can marry and who can get married. It also includes foreign marriages recognized by Australia. Following our previous article «Twice married to the same person – Subsequent ceremonies with unintended consequences», we decided to continue our international theme by examining the subject: marriages contracted abroad and whether they are recognized in Australia. Australians love sport and adventure, both locally and overseas. Make sure you are informed and prepared before you leave. Marriage to an Australian citizen does not automatically guarantee that a citizen of another country can move to Australia and live there legally. A valid visa is always required.

If you decide to get married abroad, there may be additional legal requirements that you need to be aware of to ensure that you can get married there.