If you're going overseas to get married, then you would not be able to apply for a marriage certificate in Australia until that marriage was attended by an authorised Celebrant. Generally, overseas marriages are recognised in Australia if the marriage is recognised in the country where it took place and it fulfils the requirements of a valid marriage under the Marriage Act 1961. The requirements for a valid marriage under the Marriage Act 1961 are as follows:
- not be married;
- not be marrying a parent, grandparent, child, grandchild, brother or sister;
- be at least 18 years old, unless a court has approved a marriage where one person is 16-18 years old;
- understand what marriage means and freely agree to marry.
Taking an example, requirements of a valid marriage in India under the Hindu Marriage Act 1955 are similar to the requirements mentioned above apart from the one, that the bridegroom must have completed the age of 21 and bride completed the age of 18 years at the time of marriage.
However, requirement under the Hindu Marriage Act 1955 for solemnization is not based on registration, and rather, under Section 7 is based on rites and ceremony which includes Saptapadi (taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. Further, Section 8 mentions that the validity of any Hindu marriage shall in no way be affected by the omission to make the entry in a register of marriages.
Hence, in the event where a Hindu couple validly married in India arrives in Australia without a marriage certificate could have trouble proving their marriage under Section 88G of the Marriage Act 1961, where prima facie evidence required is a document in the form of a certificate, record or entry of marriage issued by an authority of that Country. Having trouble proving your marriage in Australia then please get in touch with us.
If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8999 9809.