Who can you (and can't you) marry in Australia?

Marriage is a significant milestone, but understanding who can get married in Australia and who cannot is essential before planning your big day. Whether you’re an Australian citizen or not, the rules around marriage eligibility can be complex. This post will guide you through the key requirements, restrictions, and common questions like Can I get married in Australia if not an Australian citizen? so you can plan your wedding with confidence.

Close up image of groom placing wedding ring on bride's finger.

Who can get married in Australia?

Marriage laws in Australia are governed by the Marriage Act 1961, which sets out clear rules about who can legally marry. Here are the main points you need to know:

• Anyone 18yrs or older: Both parties must be at least 18 years old to marry without parental consent. If you are 16 or 17, you can marry only with court approval and parental consent.

• If giving consent freely: Both people must freely consent to the marriage. Forced or coerced marriages are illegal.

• Anyone who is not already married at time of ceremony: You cannot marry if you are already legally married to someone else. You can start the process of being married with a divorce pending. However ceremony cannot occour until you are legally unmarried.

• Any two persons regardless of gender, nationality or citizenship status: Since December 2017, same-sex marriage is legal in Australia, so couples of any gender can marry.

Who cannot marry in Australia?

While Australia has inclusive marriage laws, some people cannot legally marry here:

• People under 16 years old: No exceptions.

• Close relatives: Marriages between close family members such as siblings, parents and children, grandparents and grandchildren are prohibited.

• Already married individuals: Bigamy is illegal, so you must end any existing marriage before marrying again.

• People lacking capacity: If a person cannot understand the nature of marriage or give informed consent due to mental incapacity, the marriage is not valid.

• Forced marriages: Any marriage entered into under duress or coercion is illegal and can be annulled.

  
  

These restrictions protect individuals and uphold the integrity of marriage in Australia.

Father walking bride down the aisle.

What about marriage formalities and paperwork?

To get married in Australia, you must follow certain formalities:

• Complete all legal documents: Notice of intent to marriage (must be filed between 18 months to upto one month prior to ceremony), Declaration of No Legal Impediment to Marriage form, Official marriage certificate and Form 15 (ceremonial certificate that is yours to keep post ceremony).

• Authorised celebrant: Your marriage must be conducted by a registered celebrant, a religious minister, or a state/territory registry official.

• Documents: Provide proof of identity, age, and any previous marital status (divorce or death certificates if applicable).

• Witnesses: Two witnesses over 18 must be present at the ceremony.

  
  

If you are not an Australian citizen, you will need to ensure your documents are translated into English if necessary and meet the legal standards.

What if you want to marry overseas but live in Australia?

If you plan to marry overseas but live in Australia, the marriage may still be recognised here if it was legal in the country where it took place.

However, you should check the specific rules and register the marriage with Australian authorities if needed.

Summary

Knowing who can get married in Australia? and Can I get married in Australia if not an Australian citizen? helps you navigate the legal landscape with ease. The key points are:

• You must be 18 or older (or have court approval if younger).

• You cannot marry close relatives or be already married.

• Same-sex marriage is legal.

• Non-citizens can marry in Australia if they follow the legal steps.

• Proper paperwork and authorised celebrants are essential.

  
  

If you meet these requirements, you can confidently plan your wedding in Australia. Take the time to prepare your documents and understand the process to make your special day smooth and memorable.