Is Your Overseas Marriage Recognized in Australia?

 Destination weddings were very popular pre-pandemic, but what legal implications are there for an Australian getting married overseas? We often get a common question regarding Australian citizen marriages overseas: whether the marriage will be recognized in Australia or if it will need to be re-registered. So, here is some insight from leading family lawyers in Melbourne.

 

 

According to the Marriage Act of 1961, Australian citizen marriages overseas will be recognized in Australia as long as they meet the minimum legal requirements. This means that you won’t need to re-register your marriage in Australia for an Australian getting married overseas.

 

So, what legal requirements do you need to have your marriage recognized? Under the Marriage Act of 1961, the union needs to:

 

·      Be recognized as valid under the law of the country in which the marriage took place.

·      Be recognized as valid under Australian law.

 

You will need to be able to provide an original or certified copy of the original marriage certificate to prove the marriage.

 

What Would Make the Marriage Invalid?

 

Certain circumstances may cause your overseas marriage to be deemed invalid under Australian law. These circumstances are outlined in section 88D of the Act, and they state that a marriage is considered invalid if:

 

·      Either party was already legally married to someone else at the time of the marriage.

·      Either party is not of age, i.e. 18 years old.

·      The parties are in a prohibited relationship, e.g. brother and sister.

·      The consent of either party was invalid due to fraud, mistaken identity or the like.

 

What Does that Mean for Divorce If You’re Married Overseas?

 

Another we often get as experienced family lawyers in Melbourne is how an overseas marriage affects divorcing in Australia.

 

If your marriage is recognized in Australia, you can apply for a divorce in Australia. You will, however, be required to prove to the courts that:

 

·      You regard Australia as your home and intent to live here indefinitely.

·      Are an Australian citizen, by birth or grant of citizenship.

·      Have resided in Australia for the last 12 months before applying.

·      You have satisfied the separation requirements of 12 months.

 

As such, there are very few things that impede an Australian from getting married overseas. To find out more about Australian citizen marriage overseas, or if you’re looking to divorce in Australia, contact Umbrella Family Law today. As leading family lawyers in Melbourne, we’ll be able to advise you on all the legal requirements you need to know.