Explaining the Marriage Act

Since 1961 marriage in Australia has been governed by the Marriage Act of 1961 legislation, let us explain it a little deeper.

  • December 31, 2022
Explaining the Marriage Act

The Marriage Act of 1961 is a law in Australia that outlines how people can get married. It says that if two people want to get married, they have to:

  1. Be over the age of 18 (or have permission from a parent or guardian if they are younger).

  2. Not be married to someone else.

  3. Have the right ID documents and divorce paperwork.

  4. Give a celebrant more than one month’s notice via a form called the Notice of Intended Marriage.

  5. Have a ceremony where they exchange legally required vows and this can be a religious or non-religious ceremony lead by a Commonwealth authorised marriage celebrant.

  6. Have two witnesses who are over the age of 18.

The Marriage Act of 1961 also says that same-sex couples can get married, which wasn't allowed before. This means that two people of the same gender can get married just like two people of different genders can.

Overall, the Marriage Act of 1961 is a law that helps people celebrate their love and commitment to each other by getting married.

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