Overseas Marriages | When Are They Recognized in Australia?

So, you’re an Australian getting married overseas or have gotten married overseas. How do you know that your marriage has been recognized here? Whether for same-sex marriage or de facto relationship, there is significant legislature regarding Australian citizen marriages overseas. So, here’s some insight from the leading family law solicitors in Melbourne.

 



 


Whether or not an overseas marriage is recognized in Australia is outlined in the Marriage Act of 1961. As part of the laws surrounding Australian citizen marriages overseas, it is important to note that you are not required to register marriage in Australia. However, if you are looking to get divorced here, it will need to be recognized by the courts.

 

What Makes a Marriage Overseas Invalid?

 

If you are an Australian getting married overseas, or looking divorce in Australia when having been married overseas, it’s important to note the legislation that may deem your marriage invalid.

 

Reasons that would make an overseas marriage invalid include:

 

·      At the time of marriage, one of the parties was already married to another person.

·      At the time of marriage, one of the parties was considered under marriage age in Australia.

·      The parties are too closely related to one another.

·      Consent of the marriage in invalid as:

1.     Consent was obtained under duress.

2.     Identity was mistaken to be someone else.

3.     One party did not understand the nature of the ceremony.

4.     Both parties were mentally incapable of understanding the nature of the ceremony.

 

 

Legislation Around Same-Sex marriages Overseas

 

As of 2017, the right to marry is no longer restricted based on gender in Australia. This means, that same-sex marriage is recognized by the courts in Australia.

 

These means that same sex marriages that happen overseas, will be recognized in Australia provided that they meet the requirements and are registered. Same-sex marriages are required to fulfill the same criteria as opposite sex marriages.

 

As leading family law solictors in Melbourne, we often deal with spouses who have tied the knot overseas.

 

If you are an Australian getting married overseas, why not chat to the experts to help you understand your rights and requirements. As leading family law solicitors in Melbourne, Umbrella Family Law can provide you with the practical and legal advice you need. Our team can provide you insight into Australian citizen marriages overseas as well as divorce requirements. Contact us today to find out more. 

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