Marriage
The Marriage Act 1961 was amended in December 2017, after a national postal survey, to define marriage as the union of two people. The minimum age is 18, with a court able to authorise a person aged 16 or 17 to marry an adult in exceptional circumstances — an exception used extremely rarely.
Key points
| Age | 18; court authorisation possible at 16 or 17 in exceptional circumstances |
|---|---|
| Polygamy | Prohibited; bigamy is an offence, though a foreign polygamous marriage may be recognised for limited family law purposes. |
| Notice | Notice of Intended Marriage at least one month and up to 18 months before |
| Same-sex marriage | Since 9 December 2017 |
| Celebrants | Commonwealth-registered civil celebrants and recognised religious ministers |
| Witnesses | Two, aged 18 or over |
| Overseas marriages | Recognised if valid where celebrated, subject to Australian rules on age and prohibited relationships |
| Forced marriage | A criminal offence under Commonwealth law |
| One month's notice | Notice of Intended Marriage, lodged between one and eighteen months before |
| Prescribed words | Certain words must be spoken; omitting them can invalidate the marriage |
| Authorised celebrants | A public register is maintained by the Attorney-General's Department |
| Minimum age 18 | With a narrow court exception at 16, used rarely |
In practice
- Lodge the Notice of Intended Marriage with your celebrant at least a month ahead.
- Produce birth certificates or passports and evidence of the end of any previous marriage.
- The celebrant registers the marriage with the state registry; order the certificate separately.
- Binding financial agreements — prenuptial equivalents — require independent legal advice for each party.
- Lodge the notice early; the one-month minimum is strict and rarely shortened.
- Check the celebrant on the public register before paying a deposit.
Cost and coverage
Celebrant fees vary widely; registry office ceremonies are the cheapest option.
Recent changes
Australia does not recognise overseas marriages of people under 18 where they would not be valid locally, which was tightened as part of the forced marriage reforms.
Where to go
- State and territory births, deaths and marriages registries.
- Attorney-General's Department register of marriage celebrants.
- My Blue Sky, the national forced marriage support service.
Worth knowing
De facto relationships in Australia carry property consequences very similar to marriage after two years. Choosing not to marry does not mean choosing not to be financially entangled. The celebrant must be on the national register. A ceremony conducted by a family member or an unregistered minister creates no legal marriage.
The general article: Marriage · Compare with another country
Partnerships and cohabitation
The Family Law Act extends its property and maintenance provisions to de facto relationships, including same-sex relationships, where the couple has lived together on a genuine domestic basis for two years, has a child together, or has registered the relationship in a state register. The consequences are close to identical to marriage.
Key points
| Threshold | Two years' cohabitation, a child, registration, or substantial contributions |
|---|---|
| Property | Same statutory framework as for married couples |
| Superannuation | Splittable, as for married couples |
| Maintenance | Available on the same principles |
| Time limit | Two years from the end of the relationship, compared with one year after divorce |
| Registration | State relationship registers provide proof and can shorten the threshold |
| Binding financial agreements | Available before, during or after a de facto relationship |
| Two years | Or less where there is a child or a substantial contribution |
| Same regime as marriage | Property and maintenance are decided under the same principles |
| Two-year deadline | Applications must be filed within two years of separation |
In practice
- If you want to avoid the default regime, sign a binding financial agreement with independent legal advice for each party.
- Registering the relationship simplifies proof for immigration, superannuation and estate purposes.
- Make wills — intestacy rules for de facto partners vary by state.
- Note the two-year limitation period after separation.
- Register the relationship if proving it might later be difficult.
- File within two years of separation; extensions require leave and are not routine.
Cost and coverage
Binding financial agreements are expensive because both parties need separate advice — but far cheaper than litigation.
Recent changes
Australia's approach is among the most comprehensive anywhere: choosing not to marry has little effect on financial consequences.
Where to go
- Federal Circuit and Family Court of Australia.
- State relationship registers.
- Legal aid commissions and community legal centres.
Worth knowing
Many couples assume that not marrying protects their assets. In Australia it does not: after two years, the property regime applies whether or not you ever intended it. De facto couples have essentially the same property rights as married couples, but a much shorter deadline: two years from separation rather than twelve months from divorce.
The general article: Partnerships and cohabitation · Compare with another country
Same-sex marriage
Marriage since December 2017, after a voluntary national postal survey.
Australia legislated marriage equality in December 2017, following a voluntary postal survey in which 61.6 per cent of respondents voted yes on a turnout close to eighty per cent. The process was widely criticised as unnecessary and harmful, but the result was decisive and the amending Act passed within days. Adoption is available in every state and territory; parentage and surrogacy are state matters.
Australia is the cautionary tale of the popular-vote route: a non-binding postal survey, three months of national campaigning, and documented mental-health effects on the people whose lives were being debated. The margin was clear, parliament acted immediately afterwards, and the episode is now cited abroad as a reason not to repeat the exercise.
Key points
| Marriage | Since 9 December 2017 |
|---|---|
| Postal survey | 61.6 per cent yes, on a turnout of about 80 per cent |
| Adoption | Available in all states and territories |
| Parenthood | The birth mother's partner is a legal parent where the state's rules are met |
| Surrogacy | Altruistic only, and commercial surrogacy abroad is an offence in some states |
| Celebrants | Some retain the right to decline; most marriages are celebrant-led |
| Discrimination | Sex Discrimination Act covers sexual orientation and gender identity |
In practice
- A Notice of Intended Marriage must be lodged at least one month in advance.
- Check your state's surrogacy law before any arrangement abroad: several states criminalise commercial surrogacy entered into overseas.
- Existing overseas same-sex marriages were recognised automatically from December 2017.
- Religious bodies and some existing celebrants may decline; the celebrant's position is worth asking about at the outset.
Cost and coverage
A celebrant's fee typically runs six hundred to twelve hundred Australian dollars; the notice itself is free and the registry fee modest. Assisted reproduction is partly rebated under Medicare.
Recent changes
Marriages performed overseas before December 2017 were recognised automatically when the amending Act commenced, without any application.
Where to go
- Your chosen marriage celebrant, for the notice and the ceremony.
- State registry of births, deaths and marriages, for parentage records.
- Australian Human Rights Commission, for discrimination.
Worth knowing
Commercial surrogacy arranged overseas is an offence in some Australian states even when it is lawful where it takes place — one of the few extraterritorial provisions of its kind.
Frequently asked questions
Are overseas marriages recognised?
Yes, and automatically since the Act commenced in December 2017, including marriages celebrated before that date. No application or re-registration is required.
Can a celebrant refuse?
Ministers of religion may decline, and civil celebrants who were registered before the change could opt in to a category allowing refusal. New civil celebrants cannot. Ask when you book — it is a short question that avoids an unpleasant surprise.
The general article: Same-sex marriage · Compare with another country
Religious ceremony
Only an authorised celebrant can create a valid marriage; a religious ceremony by anyone else has no legal effect.
The Marriage Act 1961 requires marriages to be solemnised by an authorised celebrant: a minister of religion registered by a recognised denomination, a state or territory officer, or a registered civil celebrant. A Notice of Intended Marriage must be lodged at least one month and no more than eighteen months before the ceremony, and prescribed words must be said.
Key points
| Authorised celebrant | Registered minister of religion, or a registered civil celebrant |
|---|---|
| Notice | Notice of Intended Marriage, at least one month before |
| Prescribed words | Certain words are legally required and cannot be omitted |
| Witnesses | Two, aged 18 or over |
| Registration | The celebrant lodges the paperwork with the state registry |
| Religious-only ceremonies | Create no marriage; the couple are de facto partners at most |
| Two witnesses | Both must be 18 or over |
| Register of celebrants | Public and searchable |
| De facto fallback | A religious-only couple may still be de facto partners |
In practice
- Search the public register before paying a celebrant deposit.
Where to go
- State or territory births, deaths and marriages registry.
- Register of authorised celebrants, published by the Attorney-General's Department.
- Community legal centres.
Worth knowing
A couple married only in a religious ceremony by an unauthorised person are not married. They may still be de facto partners, which gives property and maintenance rights after the qualifying period — but not the same ones. A couple married only religiously by an unauthorised person are not married, but may be de facto partners, which gives different and narrower rights.
The general article: Religious ceremony · Compare with another country
Wedding customs and ceremonies
Outdoor ceremonies, a celebrant rather than a priest, and a distinctly relaxed reception.
Australia has the highest proportion of civil celebrant weddings anywhere: the great majority of ceremonies are conducted outside a church, on a beach, in a garden or at a winery. The celebrant is legally required to say certain words, but everything else is written by the couple. Receptions are informal by European standards.
Most Australian weddings are conducted by a civil celebrant rather than a religious minister — celebrants perform the large majority of marriages — and they are frequently outdoors, at a beach, winery or garden. The legal requirements are federal and simple: a Notice of Intended Marriage lodged at least one month in advance, two witnesses, and the celebrant reciting a prescribed form of words. Everything else is open.
Key points
| Celebrant | Conducts most ceremonies; specific legal wording is required |
|---|---|
| Outdoors | Beaches, gardens and wineries are the usual settings |
| Notice | One month's notice of intended marriage is required |
| Unity bowl | Guests add a stone to a bowl, a common local ritual |
| Reception | Informal, often standing, with shorter speeches |
| Dress code | Lighter than in Europe; heat is a real planning factor |
| Indigenous elements | Welcome to Country increasingly included |
In practice
- One month's notice is a legal minimum, not a formality.
- Plan for heat and for shade: an outdoor summer ceremony needs both.
- The celebrant must speak the prescribed words; the rest is entirely yours.
- A Welcome to Country is arranged through the local traditional owners, not improvised.
What it costs
An Australian wedding commonly costs between A$30,000 and A$40,000, with reception venue and catering the largest items. A celebrant's fee is typically A$600 to A$1,200.
Recent changes
Marriage has been open to same-sex couples since December 2017 following the postal survey, and celebrant-led ceremonies have continued to grow as a share of all marriages.
Frequently asked questions
What is a marriage celebrant?
An independent officiant authorised under the federal Marriage Act to solemnise marriages. They are not tied to a religion or a venue, can marry you almost anywhere, and write the ceremony with you around the legally required words. Most Australian weddings are conducted this way.
How far in advance must you give notice?
At least one month before the ceremony, and no more than eighteen months, using the Notice of Intended Marriage lodged with your celebrant. If one of you is overseas, the notice can be witnessed at an Australian diplomatic post.
The general article: Wedding customs and ceremonies · Compare with another country
Matrimonial property and inheritance
No community of property, a discretionary four-step process on separation, no inheritance tax — but family provision claims are common.
Property division under the Family Law Act follows a structured discretion: identify the asset pool, assess contributions, consider future needs, and check that the outcome is just and equitable. There is no inheritance tax, but superannuation death benefits are taxed differently depending on the recipient, and family provision claims are frequent.
Key points
| Asset pool | Includes superannuation and, in practice, assets held in trusts and companies |
|---|---|
| Contributions | Financial and non-financial, including homemaking and parenting |
| Future needs | Age, health, earning capacity and care of children |
| Binding financial agreements | The Australian prenuptial equivalent; strict formalities |
| Testamentary freedom | Broad, but eligible persons can claim family provision from an estate |
| Superannuation | Passes outside the estate unless directed to it; binding death benefit nominations matter |
| Inheritance tax | None, though capital gains tax can arise on later disposal |
| Four-step process | Identify the pool, assess contributions, assess future needs, check overall justice |
| Superannuation splitting | Requires a formal order or agreement; the fund must be given notice |
| Family provision | Eligible people can challenge a will in every state |
In practice
- Make a binding death benefit nomination for superannuation — the largest asset many people have.
- Consider testamentary trusts where children or asset protection are in issue.
- Formalise property settlements by consent order rather than informal agreement.
- Expect family provision exposure if you exclude a child or a de facto partner.
- Give the superannuation fund procedural fairness notice before seeking a splitting order.
- Review binding financial agreements after major life events; courts set aside defective ones.
Cost and coverage
Wills and nominations are inexpensive; contested estate litigation is not, and costs often come out of the estate.
Recent changes
Family provision claims are so common in some states that they are treated as a routine planning consideration rather than an exception.
Where to go
- State supreme court probate registries.
- Public trustee offices, which provide low-cost wills in several states.
- Law society referral services.
Worth knowing
Superannuation does not automatically follow your will. Without a binding nomination, the trustee decides who receives it — a frequent cause of disputes between a new partner and adult children. There is no inheritance tax, but superannuation paid to a non-dependent adult child is taxed. Consider who is nominated and why.
The general article: Matrimonial property and inheritance · Compare with another country
Divorce
The Family Law Act 1975 introduced no-fault divorce: the only ground is irretrievable breakdown, established by twelve months' separation. Divorce, property and parenting are distinct processes, and the property time limit runs from the divorce, not the separation.
Key points
| Ground | Irretrievable breakdown, shown by 12 months' separation |
|---|---|
| Separation under one roof | Accepted with supporting affidavit evidence |
| Short marriages | Marriages under two years require counselling or a court's leave |
| Property time limit | Applications must be made within 12 months of the divorce becoming final |
| Parenting | Best interests of the child; the 2024 reforms removed the presumption of equal shared parental responsibility |
| Superannuation | Splittable as property, a major feature of Australian settlements |
| Dispute resolution | Family dispute resolution required before parenting applications, except in abuse cases |
| Twelve months | Separation for twelve months is the sole ground |
| Divorce and property are separate | Ending the marriage does not divide assets |
| Twelve-month limit | Property applications must be filed within a year of the divorce becoming final |
In practice
- Apply online through the Commonwealth Courts Portal; joint applications avoid service requirements.
- Obtain a superannuation valuation before negotiating.
- Formalise any property agreement by consent order or binding financial agreement — informal deals are not enforceable.
- Attend family dispute resolution and obtain the certificate where parenting is in issue.
- Diarise the twelve-month property deadline the day the divorce is finalised.
- Obtain superannuation valuations early: they take weeks to arrive.
Cost and coverage
A filing fee applies, with a reduced fee for concession card holders. Legal aid is means and merits tested.
Recent changes
The 2024 parenting reforms simplified the best-interests test and removed the equal shared parental responsibility presumption, which had often been misread as a presumption of equal time.
Where to go
- Federal Circuit and Family Court of Australia.
- Family Relationship Advice Line and family relationship centres.
- Legal aid commissions in each state and territory.
Worth knowing
The twelve-month limit for property applications after divorce catches people out constantly. If finances are unresolved, either settle first or file within the year. Property claims expire twelve months after the divorce is final. That deadline catches out people who finalise the divorce quickly and negotiate afterwards.
General sources
- Federal Register of Legislation — Commonwealth law as made and in force
- Services Australia — government services and payments