What is a Valid Marriage?

To be validly married in Australia the following requirements must be met:

1. Neither of the parties are married to anyone else
2. The parties are not related by way of one being a parent, grandparent, child, sister, brother, step-sister or step-brother
3. Both parties must be at least 18 years old. A person aged between 16 and 18 can also get married, but only where a Court order is obtained
4. The parties understand that they are getting married and what it means
5. That the parties are both entering into the marriage voluntarily

If any of the above requirements are not met, then a person cannot get legally married in Australia. Even after being married, should it be proved that any of the above requirements were not satisfied, a party to the marriage can make an application to have the marriage “annulled”. If a marriage is annulled, it essentially means that the parties are recognised to have never been married.

Of course, not all people living in Australia were married in Australia. Overseas marriages are recognised in Australia, as long as the marriages are legally recognised in the other country as valid.

Validity of marriage and divorce

To be granted a divorce in Australia, it must first be proved that you are legally married. You can apply for a divorce in Australia even if you were not married in Australia. As the Court requires that the marriage was valid, evidence of this is provided by filing the Marriage Certificate with your Application for Divorce. If you were married overseas, your Marriage Certificate may not be in English. Evidence as to the marriage must be provided in English. If your Marriage Certificate is not in English then a certified translation along with the original document, will need to be provided to the Court. In addition, an affidavit by the person who made the translation, verifying the translation and setting out the person’s qualifications to make the translation, must also be provided. 

In some circumstances, the parties may not have been provided with a Marriage Certificate at the time of marriage or they may have lost their Marriage Certificate, or come from a country where they are unable to obtain a new Marriage Certificate or an official extract. This may be the situation where countries have been affected by natural disasters or civil war. If you are unable to obtain a copy of your Marriage Certificate, it may be possible for the Court to dispense with this requirement; however evidence will need to be provided to the Court as to the validity of your marriage. 

At Prime Lawyers, our divorce lawyers have assisted hundreds of clients in obtaining a divorce. Where an application is complicated due to difficulties in proving a marriage existed, we can assist you with proving a valid marriage for the purposes of making an divorce application.

We have offices in Sydney, Chatswood, Parramatta, Sutherland and Wollongong.