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Frequently Asked Questions
If you are planning on getting married, our FAQs below answer the most common questions our clients usually have.
I was married overseas. Is my marriage valid in Australia?
Usually, foreign marriages will be valid in Australia if they satisfy two criteria:
- Proper celebration of the marriage according to the laws of the other country; and
- They must not offend Australian marriage laws, meaning that both parties must be of the legal age, they must have freely consented to the marriage, neither one is married to anyone else, and their relationship isn’t prohibited (for example, intending to marry a sibling or other close family member)
I married my same-sex spouse overseas before marriage equality laws came into effect. Is my marriage valid in Australia.
If you were married in accordance with the laws of another country, your marriage would probably be valid under Australian law. However, you will need to check that other legal documents are valid if you made them before the new marriage laws. For example, Wills, binding death nominations (for superannuation), insurance beneficiary nominations and other nominations.
You and your spouse should seek legal advice about this as soon as possible.
What happens if my marriage doesn’t meet Australian legal requirements?
Whether you were married in Australia or overseas, if your marriage doesn’t meet Australian legal requirements, annulment is possible. An annulment is a court order declaring the marriage invalid, and either party is free to marry again. But if you need orders about property or children, we can help you apply to a court for those orders.
Either party can ask a court to annul a marriage. The applicant must prove that the marriage offended Australian marriage laws, for example, they were forced into the marriage, they were too young to marry, the celebrant wasn’t properly registered, one of the parties was already married, or the couple was in a prohibited relationship.
If you are faced with the possibility of an annulment, you should seek legal advice from an experienced marriage annulment lawyer.