Marriage Act 1961 (Cth)

Marriage Act 1961

No. 12, 1961

Compilation No. 32

Compilation date: 11 December 2024

Includes amendments: Act No. 115, 2024

About this compilation

This compilation

This is a compilation of the Marriage Act 1961 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part I—Preliminary 1 Short title 2 Commencement 2A Objects of this Act 5 Interpretation 5A Application of the Criminal Code 6 Act not to exclude operation of certain State and Territory laws 7 Validity of certain marriages not affected 8 Extension of Act to Territories etc. 9 Arrangements with State 9A Persons who may exercise certain powers may be restricted by Proclamation Part IA—Marriage education 9B Grants to approved organisations 9C Approval of voluntary organisations 9E Reports and financial statements of approved organisations Part II—Marriageable age and marriages of minors 10 Application of Part 11 Marriageable age 12 Authorisation of marriage of person under age of 18 years in exceptional circumstances 13 Marriage of minor not to be solemnised without consent of parents etc. 14 Persons whose consent is required to the marriage of a minor 15 Prescribed authority may dispense with consent in certain cases 16 Consent by magistrate where parent etc. refuses consent etc. 17 Re‑hearing of applications by a Judge 18 Provisions applicable to inquiries by Judge or magistrate 19 Restriction on applications under sections 12, 15 and 16 20 Effect of consent of magistrate or Judge 21 Consent by magistrate or Judge and dispensation with consent to be ineffective after 3 months etc. Part III—Void marriages Division 1—Marriages solemnised on or after 20 June 1977 and before the commencement of section 13 of the Marriage Amendment Act 1985 22 Division to be subject to application of private international law 23 Grounds on which marriages are void Division 2—Marriages solemnised after the commencement of section 13 of the Marriage Amendment Act 1985 23A Application of Division 23B Grounds on which marriages are void Part IV—Solemnisation of marriages in Australia Division 1—Authorised celebrants Subdivision A—Ministers of religion 25 Interpretation 26 Recognised denominations 27 Registers of ministers of religion 28 Transfer of State registers 29 Qualifications for registration under this Subdivision 30 Registrar to register applicant 31 Applicant may be refused registration in certain circumstances 32 Effect of registration 33 Removal from register 34 Review of refusal to register or removal from register 35 Change of address etc. to be notified 36 Transfer to another State etc. 37 Furnishing of information by recognised denominations 38 Registrars to furnish information to Attorney‑General Subdivision B—State and Territory officers etc. 39 Authorisation of State and Territory officers etc. Subdivision C—Marriage celebrants 39A Registrar of Marriage Celebrants 39AA Deputy Registrars of Marriage Celebrants 39B Register of marriage celebrants 39C Entitlement to be registered as a marriage celebrant 39D Registration as a marriage celebrant Subdivision D—Religious marriage celebrants 39DA Entitlement to be identified as a religious marriage celebrant on the register of marriage celebrants 39DB Request to be identified as a religious marriage celebrant on the register of marriage celebrants 39DC Identification as a religious marriage celebrant 39DD Transitional provisions for existing marriage celebrants 39DE Process of identification on the register as a religious marriage celebrant Subdivision E—General provisions relating to all marriage celebrants 39F Effect of registration 39FA Celebrant registration charge: liability to pay charge 39FB Celebrant registration charge: consequence of non‑payment 39G Obligations of each marriage celebrant 39H Performance reviews 39I Disciplinary measures 39J Review of decisions 39K Additional functions of the Registrar 39L Registrar not liable for damages 39M Evidence of registration etc. Division 2—Marriages by authorised celebrants 40 Application of Division 41 Marriages to be solemnised by authorised celebrant 42 Notice to be given and declaration made 42A Commissioner of Australian Federal Police or approved authority may issue special notice 42B Authorised celebrant must physically meet each party to intended marriage separately 43 Marriage may be solemnised on any day etc. 44 Witnesses 45 Form of ceremony 46 Certain authorised celebrants to explain nature of marriage relationship 47 Ministers of religion may refuse to solemnise marriages 47A Religious marriage celebrants may refuse to solemnise marriages 47B Bodies established for religious purposes may refuse to make facilities available or provide goods or services 48 Certain marriages not solemnised in accordance with this Division to be invalid 49 Authorised celebrant to retain consents, statutory declarations etc. 50 Marriage certificates 51 Incorrect marriage certificates Division 3—Marriages by foreign diplomatic or consular officers 52 Interpretation 53 Application of Division 54 Governor‑General may declare countries to be proclaimed overseas countries 55 Solemnisation of marriages in Australia by foreign diplomatic or consular officer 56 Recognition of marriages 57 Registrar and Deputy Registrar of Foreign Marriages 58 Register of Foreign Marriages Solemnised in Australia 59 Searches and certified copies Part V—Marriages of members of the Defence Force overseas Division 1—Registrar of Overseas Marriages 60 Definitions 61 Registrar of Overseas Marriages 62 Acting appointments 63 Register of Overseas Marriages 64 Searches and certified copies Division 3—Marriages of members of the Defence Force overseas 71 Marriages of members of the Defence Force overseas 71A Marriage officers 72 Form and ceremony of marriage Division 4—General 73 Validity of marriages 74 Declaration to be made before authorised celebrant 75 Authorised celebrant to be satisfied of parties' identity 76 Additional consent to marriage of minor domiciled outside Australia 77 Restriction on solemnisation of marriages under this Part 78 Solemnisation of marriages where a party to the marriage is not an Australian citizen etc. 79 Authorised celebrant to retain consents etc. 80 Marriage certificate and registration of marriages 81 Power to refuse to solemnise marriage 82 Marriages may be solemnised on any day and at any time 83 Validity of marriages under this Part 84 Registration of overseas marriages attended by an authorised celebrant 85 Certificates of marriages solemnised in accordance with local law in an overseas country 86 Evidence 87 Validity of marriages otherwise than under this Part not affected 88 Imperial Foreign Marriage Acts Part VA—Recognition of foreign marriages 88A Object of Part 88B Interpretation 88C Application of Part 88D Validity of marriages 88E Validity of certain marriages not affected by this Part 88F Incidental determination of recognition of certain foreign marriages 88G Evidence Part VI—Legitimation 89 Legitimation by virtue of marriage of parents 90 Legitimacy of children of certain foreign marriages 91 Legitimacy of children of certain void marriages 92 Declarations of legitimacy etc. 93 Operation of certain State and Territory laws Part VII—Offences 94 Bigamy 95 Marrying person not of marriageable age etc. 98 Contravention of subsection 13(3) 99 Solemnising marriage where notice or declaration not given or made etc. 100 Solemnising marriage where reason to believe there is a legal impediment 101 Solemnisation of marriage by unauthorised person 103 Going through ceremony of marriage before person not authorised to solemnise it 104 Giving defective notice etc. 105 Failure to comply with notice under section 51 106 Failure by interpreter to furnish certificate etc. Part VIII—Transitional provisions 107 Exercise of powers etc. before commencement of Act 108 Application of offence provisions to notices etc. given before commencement of this Act 109 Consents etc. given under State or Territory laws Part IX—Miscellaneous 111 Certain marriages and legitimations to be valid in all the Territories 111A Abolition of action for breach of promise 112 Interpreters at marriage ceremonies 113 Second marriage ceremonies 114 Correction of errors in marriage registries 115 Publication of lists of authorised celebrants 116 Judicial notice of signatures of Registrars, celebrants etc. 117 Evidence of registration etc. 118 Right of ministers of religion to receive fees 119 Approved forms 120 Regulations Schedule 1—Consent to the marriage of a minor 1 Consent to the marriage of a minor Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history