What Are The Legal Requirements To Get Married In Australia?
If you’re planning on getting married in Australia you don’t have to be an Australian citizen or a permanent resident of Australia. If you’re from outside Australia, and you intend to live in Australia after your marriage, you will need to seek visa information from the Immigration Department.
And, if you’are from a country outside Australia, you will need to check to see if your country needs its Embassy to grant you permission before you get married, in order for them to recognise your Australian marriage as per the legal requirements.
This can have implications for people who are not Australian citizens – particularly LGBTQIA couples – who intend to return to their country after getting married in Australia.
If your marriage involves an Australian citizen and a non-Australian citizen, you should get advice about immigration matters from the Australian Department of Home Affairs or a registered migration agent.
WHAT ARE THE MINIMUM REQUIREMENTS TO MARRY IN AUSTRALIA?
To be married in Australia, you must:
1. Not be married to someone else
2. Not be marrying a parent, grandparent, child, grandchild, brother or sister (including by adoption)
3. Be at least 18 years old, unless a court has approved a marriage where one party is between 16 and 18 years old. Approval will not be given if both parties are below 16 years
4. Understand what marriage means
5. Freely consent to getting married
6. Use specific words during the ceremony
7. Give your celebrant written notice of your intention to marry, within the required time frame. I clarify this further in the next section.
As your Marriage Celebrant I will explain each of these conditions to you in more detail.