If you are an Australian thinking about getting married overseas, then you are likely to have two options to consider.
You can choose to either: marry legally overseas and follow all the laws and protocols of your chosen country, or, choose to marry in a legal ceremony here in Australia – often conducted in a registry – and then follow through in a ‘ceremonial’ marriage or a commitment ceremony which is conducted overseas.
If you choose to marry here in a registry, Marriage Victoria can offer you an Award Winning option with a Victorian Private Marriage Registry option.
Click here to talk to us on 1800-62-77-42 if you would like to book your Australian legal wedding option at a minimum cost which is $175 for the lodgement of the NOIM plus ceremonies starting from $195 for legals-only.
You can legally marry exactly one month from the NOIM lodgement date.
If you wish to marry at the soonest possible date, The Registry works 365 days a year, 7 days a week and one of our team will assist you to complete the NOIM with the minimum of time and fuss.
If you are sure that you would like to marry overseas, then we recommend you always stay up-to-date on the latest information regarding marriage overseas on the DFAT and Smart Traveller websites – and it’s advisable to contact the nearest embassy or consulate of the country that you’re travelling to if you need specific advice regarding that countries legal requirements. Consider also speaking with a lawyer regarding your own specific circumstances.
Before you can get married in some countries, you will be required to prove you aren’t already married, and the rules are different in each country as to what proof they will accept of your current marital status.
The most common documents you would need might include: a Certificate of No Legal Impediment to Marriage (CNI) plus various certificates which you would obtain from a Registry of Births, Deaths and Marriages.
However, it is up to you to find out the laws about marriage of the country you are going to, and sometimes there may be different regional laws and different national laws.
Many countries have a collection of extra rules you must follow. And some countries might not allow you to marry there unless you’ve lived in that country for a minimum specified time period.
Contact your that country’s embassy or consulate for specific details regarding your own personal circumstances.
DFAT can issue a Certificate of No Legal Impediment to Marriage (CNI) in Australia. But some local authorities only accept CNIs issued in their own country.
Check on the DFAT website for the embassy or consulate that would be best to contact in order to find out if you need a CNI, and if they would allow you to get that in Australia, and also if that CNI might need additional authentication or an apostille stamp. You will find an excellent resource andguide for this on the Smart Traveller website.
Look up the Registry of Births, Deaths and Marriages in your state ( a simple Google search will get you there) if you need any of the following documentation, which you would order online:
Additional documentation you will likely need to have on hand:
Many couples return to Australia after being married overseas and call us to ask if they can register that marriage here. They also often ask if they are required to ‘marry again’ under Australia law?
Whilst it is not possible to ‘register’ an overseas marriage here in Australia, couples will find that most overseas marriages are legally recognised in Australia on the following basis:
The couple should have been issued an overseas marriage certificate which is evidence of the marriage.
There could be a combination of keepsake documents, official documents and commemorative documents which may have been provided to the couple at the time of the ceremony. Or the official final processed certificate may have been ordered from a Government office or department in that country after the marriage took place.
This paperwork would generally be accepted as proof of the marriage when presented here in Australia.
Legal same-sex marriages that took place overseas prior to December 2017 are now recognised here in Australia.
If you are unsure of anything to do with your own personal situation, consult a legal practitioner for further clarification.
One of the drawbacks for an Australian citizen when they marry overseas is they cannot use the proof of their overseas legal marriage to instantly change their name on all their legal ID documentation in Australia.
Some Australian states and territories don’t accept overseas marriage certificates if you want to change your name.
If you were married overseas, you cannot take your spouse’s family name automatically. Visit your state or territories Registry of Births Deaths and Marriages to find our more information.
If you were born overseas and married in Australia, most organisations will accept your primary identity documents (such as your passport combined with an Australian citizenship certificate), however some organisations may need you to do an actual ‘change your name’ with your local Registry of Births, Deaths and Marriages in order to use your spouse’s family name. This can generally be done online.
There are certain conditions that must be met for an overseas marriage to be recognised in Australia.
doesn’t recognise overseas marriages where one or both of the people are:
Learn more about which marriages Australia will recognise.
Read our advice about forced marriage.
Marrying an Australian citizen doesn’t ensure you can come to Australia. Or become a citizen. Foreign citizens must follow Australia’s immigration laws to enter and live here.
Learn more about partner visas and becoming an Australian citizen (Department of Home Affairs).
For more information, visit your state or territory’s registry of births, deaths and marriages.
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