Legal Requirements for a Valid Marriage in Australia

What are the Legal Requirements for a Valid Marriage?

A Report by Janay J Webster

Legal Services - Diploma

Research Legal Information Using Secondary Sources - BSBRES502A

What are the Legal Requirements for a Valid Marriage?

Table of Contents

Executive Summary 3

Brief History of Marriage in Australia 4

Marriage & Australian Common Law 4

Overseas Marriages & Cultural/ Social Diversity in Australia 5

Conclusion 6

Appendices (As File Attachments) 6

Bibliography & Reference List 7

EndNotes 8

Executive Summary

Although this question seems simple & one may think that a quick, straight-forward ‘black & white’ answer would suffice, this is not necessarily true. Marriage is a social practice which is perceived, understood & respected differently by each of us as individuals depending upon our personal, cultural & religious backgrounds. Australia is essentially a country of high cultural & religious diversity, & as such, the rules which govern the legalities surrounding relationships, particularly of marriage were created so as to ensure the establishment of consistent & balanced laws for the mainstream majority, & provisional outlines for other/ minority groups.

The general common law requirements are quite simple, though they are time consuming & drawn out over specified amounts of time. Minor alterations can be made to the general procedural steps &/ or requirements on a case to case basis.

The Commonwealth Marriage Act (1961) & Marriage Regulation (1963) are the key pieces of legislation regulating marriage laws in Australia for the majority of Australians. Those unions which find themselves outside the mainstream either have only basic rights, or are not covered by established laws. One example of this was the recent push by Gay & Lesbian groups to expand the legal concept of marriage to reflect unions between same sex couples, this was not forthcoming & the definition of...