Planning an elopement in Fiji? Or an extravagant international wedding in Europe? Or perhaps you’re returning home to Vietnam for a traditional celebration? If you live in Australia, you may be wondering if your overseas wedding will also mean you’re legally married under Australian law.
The short answer is probably yes – but you won’t receive an Australian marriage certificate. Here’s why…
Most overseas marriages are automatically recognised in Australia
In general, a marriage that is solemnised (aka made official) in another country is recognised as a valid, legal marriage in Australia, provided that:
- The marriage was considered legal and valid under the laws of the country in which the ceremony took place
- Each marrying person is not married to anyone else (Australia doesn’t recognise polygamous marriages)
- Each marrying person is 18 years old or older*
- The couple are not in a ‘prohibited relationship’ (i.e. not siblings, parent/child, grandparent/grandchild)
Recognition of foreign marriages in Australia is an automatic process, so if you’ve married overseas, your union will likely be legally valid here, too. You do not need to do anything special when you return to this country to have your marriage recognised. Your overseas marriage certificate will be proof of your marriage. However, if it is not in English, you may wish to obtain a translated copy from a NAATI-accredited translator.
If you have any questions about the validity of your overseas marriage or whether it will be recognised in Australia, you should seek independent legal advice.
* There is a provision in the Marriage Act that allows foreign marriages to be recognised from when both parties are 16 years or older if neither party was domiciled (living in) Australia at the time of the marriage. Domiciled has a very particular legal meaning so you should seek professional legal advice if you need to determine if this applies to your situation.
An overseas marriage cannot be registered in Australia
While an overseas marriage is automatically recognised in Australia, it cannot be registered in Australia.
Each state and territory’s Registry of Births, Deaths and Marriages (BDM) can only register marriages that occurred within that state or territory. Basically, the Government will recognise that you and your spouse are married, but they won’t keep a record of that marriage in BDM.
This also means that you cannot obtain an Australian marriage certificate, but in most cases, your overseas marriage certificate will be sufficient proof.
Change of name with an overseas marriage certificate
One thing that often confuses people who get married overseas is that they can’t use their foreign marriage certificate to change their name to their spouse’s surname. While their marriage is recognised, certain organisations and laws (e.g. the Passport Act) will only accept an Australian BDM-issued marriage certificate for the purposes of updating your name on your documents.
In this case, you can usually do a formal change of name process via the BDM in the state or territory you were born in, or if you were not born in Australia, the state or territory you reside in.
For more information about changing your name after marriage in Australia, read our detailed guide.
If I get married overseas, can I legally marry again in Australia to get an Australian marriage certificate?
No. One of the requirements to marry in Australia is that you cannot be currently married. So if your marriage is recognised in Australia, the only way to marry again in this country is to terminate any current marriages (either by divorce or due to the death of a spouse).
That being said, your foreign marriage certificate should be accepted as proof of marriage for most legal purposes in Australia, with the exception of updating your name on certain documents (which you can get around by doing a formal name change at BDM), so it’s no big problem that you won’t have an Australian-issued marriage certificate.
If I’m having an overseas wedding, is it better to legally marry in Australia first?
You might find it easier to marry legally in Australia before heading overseas for your wedding. While it’s not necessary, here are some reasons you may choose to do this:
- Getting legally married in Australia is a pretty easy process. Unlike some other countries, there are no requirements for blood tests, no need to obtain a marriage licence, and civil ceremonies can be performed at any location in Australia you have permission to be – a park, a cafe, even your own home. Your celebrant takes care of most of the paperwork and is responsible for registering your marriage. No need to try to navigate the marriage laws of a foreign country!
- Ordering your Official Marriage Certificate is simple to do in Australia. In some states, the celebrant can even order it for you on your behalf (just ask them). And if you lose or damage your certificate, you can just buy a new one from BDM without having to worry about international postage.
- If you plan on changing your surname to your spouse’s, you can just use your Australian-issued Official Marriage Certificate – no need to go through a formal change of name process.
To do a short formal marriage ceremony, you could arrange to marry at the registry, but sometimes there can be long waits before a slot becomes available. Instead, we’d suggest contacting a local civil celebrant.
Most civil celebrants will offer a legals-only marriage ceremony at a comparable price to the state registry, but with more flexible times and locations. Plus, they will guide you through the entire process. Just make sure you contact them at least one month before you wish to legally marry to allow enough time to get the Notice of Intended Marriage done.
To find a marriage celebrant in your area, check out our wedding celebrant directory.
Will my Australian marriage be recognised overseas?
Conclusion
There is a difference between a marriage being recognised and being registered in Australia. In most cases, a legal marriage ceremony that takes place overseas would automatically be recognised in Australia, as long as the marriage would have been legal if it took place here.
However, foreign marriages cannot be registered with an Australian Registry of Births, Deaths and Marriages, which means you cannot receive an Australian marriage certificate if you married overseas.
If having an Australian marriage certificate is important to you, we would recommend contacting a celebrant in your area to do a short and sweet legals-only marriage ceremony before you set off for your overseas celebration.
Quick FAQs about overseas marriages
Can I use my overseas marriage certificate to change my name?
Do I need to register my overseas marriage in Australia?
What documents do I need to prove my overseas marriage?
What if my marriage certificate isn’t in English?
Can I legally marry in Australia again to get a local certificate?
Will my Australian marriage be recognised in other countries?
Depends on the country – check with the relevant embassy or consulate.
