If you are married overseas, you do not need to register your marriage in Australia. Australian law recognises overseas marriages so long as they meet specific criteria. Here’s a comprehensive guide on what you need to know about the recognition of overseas marriages in Australia.
Recognition of Overseas Marriages in Australia
Legal Recognition
Overseas marriages are recognised in Australia if they would have been valid if the marriage had occurred in Australia, under Australian law.
There are certain cases where even legally performed overseas, a marriage will not be recognised in Australia. These include:
- Polygamous marriages
- Marriages where one or both parties were under the age of 18 at the time of marriage
- Marriages where one or both parties were already married to another person
To prove your overseas marriage in Australia, you may need to provide an official marriage certificate from the country where the marriage occurred. If the document is in another language, it should be translated into English and certified by an authorised translator.
Key Takeaway: Your overseas marriage will likely be recognised in Australia if it complies with the legal requirements of the country where you were married and aligns with Australian law.
Also read: Does Infidelity Affect Divorce Settlement in Australia?
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Benefits of Registering an Overseas Marriage in Australia
Proof of Marital Status
Although not required, registering your overseas marriage with your state or territory’s Registry of Births, Deaths, and Marriages can simplify proving your marital status for various legal, personal, and financial matters.
Key Takeaway: Registering your marriage can simplify processes that require proof of marital status.
Access to Services
Registering your marriage may facilitate access to services such as spousal visas, health insurance benefits, and tax benefits that recognise marital status.
Key Takeaway: Registration can ease access to various services and benefits tied to marital status.
Also read: How Long Divorce Takes in Australia
Steps to Register an Overseas Marriage in Australia
Contact the Registry
Each Australian state and territory has its own process for registering an overseas marriage. Contact your local Registry of Births, Deaths and Marriages to find out the specific requirements and procedures.
Key Takeaway: Different states and territories have specific procedures for registering an overseas marriage; contact your local registry for detailed instructions.
Submit Required Documents
Typically, you will need to submit a completed application form, your original marriage certificate, and identification documents. Some jurisdictions may also require a statutory declaration.
Key Takeaway: Prepare to submit the necessary documents and forms to register your marriage.
Processing Time
The processing time for registering an overseas marriage can vary. It is advisable to check the estimated time frame with your local registry to plan accordingly.
Key Takeaway: Check processing times with your local registry to ensure timely registration.
Overall Key Takeaway
While you do not need to register your overseas marriage in Australia for it to be recognised, doing so can offer practical and legal benefits.
Understanding the recognition process and the steps to register an international marriage can help ensure that your marital status is acknowledged for various legal and personal matters.
