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Marriage Overseas - General Requirements

The Department of Foreign Affairs and Trade cannot advise on the specific requirements which may need to be met in order for a marriage to be legal in a particular country.  However, as a general guide only, the following information may be of assistance. 

Certificates of No Impediment to Marriage

Certificates of No Impediment to Marriage are issued by the Department of Foreign Affairs and Trade through overseas missions and state and territory offices to Australian citizens seeking to marry overseas.  Certificates of No Impediment to Marriage are not a requirement of Australian law.  They are issued purely at the request of overseas countries seeking to ensure that a marriage involving one or two Australian citizens, celebrated in that overseas country, will also be recognised as a valid marriage by Australian authorities.  

• Application form for Certificates of No Impediment to Marriage for use in Poland, Portugal and Turkey (pdf) 
• Application form for all other countries (pdf)

The forms are also available from any state or territory office of the Department of Foreign Affairs and Trade.

Some countries will only accept Certificates of No Impediment issued by the local Australian Embassy or Consulate in the country in which the marriage is to take place.  However, if authorities of the country in which the marriage is to take place have advised that they will accept a Certificate of No Impediment issued in Australia, you should complete the applicable application form for a Certificate of No Impediment to Marriage and return it to your state or territory office of the Department of Foreign Affairs and Trade.   The Consular Fee for a Certificate of No Impediment to Marriage is $90.

In addition to the Certificate of No Impediment to Marriage, the Department of Foreign Affairs and Trade can provide general advice on the requirements which may need to be met in order for a marriage to be legal in a particular country.  For exact details of what requirements will need to be met, persons wishing to marry overseas should contact the embassy or consulate of the country in which they would like to marry.  The following general information may be of assistance.

Overseas marriage authorities often require evidence that the party is free to marry.  Such evidence may be a statement from the Registry of Births, Deaths and Marriages that there is no record of the person having been previously married.  Authorities may also require divorce papers/death certificate of a former spouse in the case of being divorced or widowed.  Overseas marriage authorities generally will also want to sight an original birth certificate and the person’s passport.  Foreign marriage authorities may have further additional requirements e.g. a requirement to reside for a length of time in a country prior to a marriage taking place in that country. 

Recognition of Overseas Marriages

The Attorney-General’s Department has responsibility for developing policy about issues relating to family law and marriage, including who can get married, who can perform marriage ceremonies and the validity of overseas marriages.  The rules governing whether or not a marriage is valid under Australian law are to be found in the Commonwealth Marriage Act 1961.

There are currently no Australian diplomatic or consular officers appointed to solemnise marriages overseas under Australian law.

Marriages entered into overseas are generally recognised as valid in Australia

• if the marriage was recognised as valid under the law of the country in which it was entered into, at the time when it was entered into, and
• providing the marriage would have been recognised as being legal under Australian law if the marriage had taken place in Australia.

There is no requirement to register a marriage in Australia which takes place overseas.  The foreign marriage certificate is prima facie evidence in Australia of the occurrence and validity of the marriage.

Marriage to an Australian citizen does not automatically guarantee entry of a citizen of another country to Australia.  The Department of Immigration and Citizenship (DIAC) can advise on immigration to Australia.

You should consult a legal practitioner if you need advice on whether a marriage which has taken place overseas is recognised as being legal in Australia.

The basic rule of recognising foreign marriages is subject to a number of exceptions including:

• where one of the parties was already married to someone else;
• where one of the parties was under marriageable age (i.e. under 18 years of age) and either of the parties was domiciled in Australia at the time of the wedding  under Australian law, exceptions to the requirement that both parties be 18 or older can only be authorised by a judge of magistrate, and then only in respect of a marriage between a person aged 16 or 17 and a particular person aged 18 or over.  An Australian court order only has effect in Australia for the purposes of the recognition of the marriage in Australia;
• where the parties are too closely related under Australian law (including relationships traced through adoption) i.e. either as ancestor and descendant, or as brother and sister (including half-brother and half-sister);
• where parties to the marriage are both of the same sex;
• where the consent of one of the parties was not a real consent due to duress or fraud, mistake, or mental incapacity;
• where a persons overseas divorce is not recognised in Australia.
  (Parties should consult a solicitor if unsure as to whether their marriage will be recognised in Australia, including if there is doubt about an overseas divorce being recognised by Australian authorities.)