Australian dating rules

25-Jul-2020 13:00

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State and territory officers who are allowed to register marriages (under a state law) can also solemnise marriages (i.e. Civil marriage celebrants are authorised to conduct and solemnise civil wedding ceremonies.

For registration, they must meet a number of requirements, in addition to being at least 18 years old and "fit and proper" persons.

Both parties to the marriage must be present at the ceremony, with proxy marriages not permitted.

The marriage celebrant and two witnesses over the age of 18 years must also be present, and follow any tradition or custom, or none at all.

Nevertheless, this does not effect the validity of the marriage itself.

A marriage entered into in Australia is void (invalid) if it has not been “solemnised” by an authorised marriage celebrant.

The Department of Foreign Affairs and Trade (DFAT) can legalise signatures or seals that appear on Australian public documents (apostilles and authentications) and issues Certificates of No Impediment to Marriage (including witnessing the signature on the form).

In general, marriages entered into abroad are normally recognised in Australia as valid if they are valid according to the laws of the country in which the marriage took place, except that a marriage is not recognised as valid in Australia if: So, for example, even though it may be legal for a person under the age of 18 to marry abroad, such a marriage will not be recognised as valid under Australian law, even when the underage partner turns 18.

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A Notice of Intended Marriage is required to be lodged with the chosen marriage celebrant at least one month before the wedding.

There is no citizenship or residency requirement for marriage in Australia, so that casual visitors can lawfully marry in Australia, provided that a domestic marriage celebrant is employed, the requisite notice given, and other domestic requirements satisfied.

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