What is a Valid Marriage?

To be legally married in Australia, the following requirements must be met:

1. Neither party is already married to someone else
2. The parties are not closely related (such as a parent, grandparent, child, sibling, step-sibling)
3. Both parties are at least 18 years old (a person aged 16 or 17 can marry only with a court order)
4. Both parties understand the nature of the marriage and what it means
5. Both parties are entering the marriage voluntarily

If any of these conditions are not met, the marriage is not legally valid under Australian law. Even if a wedding has taken place, if it is later proven that these requirements were not satisfied, a party can apply to have the marriage annulled. An annulment means the law recognises that the marriage never legally existed.

Overseas Marriages and Validity in Australia

Many people living in Australia were married overseas. These marriages are generally recognised under Australian law if they are legally valid in the country where the marriage took place.

Valid Marriage and Divorce in Australia

To be granted a divorce in Australia, the Court must be satisfied that a valid marriage exists. You can apply for a divorce even if the marriage occurred overseas. However, you must provide evidence of the marriage, usually by filing your Marriage Certificate with your Application for Divorce. If your Marriage Certificate is not in English, a certified English translation must be submitted along with the original. The translator must also prepare an affidavit confirming the accuracy of the translation and setting out their qualifications. In some situations, a Marriage Certificate may not be available, such as where it has been lost or where it cannot be reissued due to conflict or natural disaster in the country of marriage. In those cases, the Court may agree to dispense with the requirement to file a Marriage Certificate, but other evidence will need to be provided to establish that a valid marriage took place.

Need Help?

At Prime Lawyers, our divorce lawyers have helped hundreds of clients through the divorce process. If your case involves complications proving a valid marriage, we can assist in preparing the necessary documents and evidence. We have offices in Sydney, Chatswood, Parramatta, Sutherland and Wollongong.