Is an Overseas Marriage Recognised in Australia?

In most cases, yes. An overseas marriage is generally recognised in Australia if it was valid under the law of the country where it took place and would have been valid under Australian law had it happened here. You cannot register it in Australia, but the foreign marriage certificate, with an English translation if needed, is usually accepted as proof.

Key takeaways

• An overseas marriage is usually recognised if it was valid where it happened and would be valid under Australian law.
• Australia does not recognise it if either person was already married, too young, too closely related or forced.
• You cannot register an overseas marriage in Australia; the foreign certificate is the evidence.
• If your marriage is recognised, you cannot marry each other again in Australia.
• A foreign marriage certificate may not be enough for a name change in some states; ask your registry.
• An Australian notary cannot vouch for a foreign certificate; legalise it in the country that issued it.

When is an overseas marriage recognised?

Smartraveller's guidance on getting married overseas sets out the basic test. To be recognised in Australia, the marriage must have been valid under the law of the country where it happened, and valid under Australian law if it had taken place in Australia. Both parts matter. A marriage that followed every local formality can still fail the second part, and a marriage that would be fine in Australia can fail the first if a local requirement was missed.

Since 9 December 2017, same-sex marriages that took place overseas are generally recognised in Australia, on the same test. The recognition applies automatically; there is no application to make. But because it depends on facts about the marriage, Smartraveller suggests talking to a lawyer if you need to confirm that a particular overseas marriage is valid in Australia, for example before a property settlement, a divorce, or a new marriage.

When is it not recognised?

Smartraveller lists the main cases in which Australia does not recognise an overseas marriage: where one or both people were already married to someone else, were not old enough to marry, were too closely related, or were forced to marry. Forced marriage is a serious matter in Australia, and Smartraveller warns that a person who is party to a forced marriage overseas can be arrested in Australia.

Other problems can arise from the first part of the test. If the ceremony did not meet the local requirements, for example because it was a religious or symbolic ceremony that local law does not treat as a legal marriage, it may not be a valid marriage there, and so not recognised here. Couples who have a ceremony abroad for the experience, with the legal marriage elsewhere, should be clear about which event is the legal one.

Situation	Usually recognised?	Notes
Valid civil marriage under local law	Yes	The foreign certificate is the usual proof
Same-sex marriage valid where it took place	Yes, since 9 December 2017	Same test as any other marriage
One person already married	No	Seek legal advice
A party not old enough to marry	No	Assessed against Australian law
Parties too closely related	No	Assessed against Australian law
Forced marriage	No	A serious offence in Australia
Symbolic ceremony not legally binding there	Usually no	Check whether a legal marriage took place

Do you need to register the marriage in Australia?

No, and in fact you cannot. Australia has no system for registering overseas marriages, and the state and territory registries of births, deaths and marriages only register marriages that take place in their state or territory. If your overseas marriage is recognised, it is simply treated as a valid marriage, and the foreign marriage certificate is the evidence of it.

One consequence surprises people: if your overseas marriage is recognised, you cannot marry each other again in Australia. Couples who marry abroad and want a ceremony at home can hold a commitment or celebration ceremony, but not a second legal marriage. If you are unsure whether the overseas marriage was legally valid, get advice before planning a second ceremony.

How do you prove an overseas marriage in Australia?

Smartraveller says a foreign marriage certificate is usually accepted as proof of the marriage. For most purposes, such as a partner visa, a bank, Centrelink or an employer, you provide the certificate issued by the authority that registered the marriage. If it is not in English, you will usually need an English translation. For Home Affairs, translations made in Australia should be by a NAATI certified translator; other bodies may have their own rules. Our guide to certified translation in Australia explains what a proper translation includes.

Some Australian bodies want a certified copy rather than the original. For Australian purposes, a copy certified by an authorised witness such as a JP is usually enough. A notary is not normally needed to prove your marriage within Australia.

Can an Australian notary certify a foreign marriage certificate?

An Australian notary can certify that a copy is a true copy of the foreign certificate they have sighted. What they cannot do is vouch for the foreign certificate itself, because they have no way to confirm the signature or seal of a foreign registrar. If an authority wants the foreign certificate legalised, the usual route is to have it apostilled or legalised in the country that issued it, not in Australia. DFAT only legalises Australian public documents.

This matters if you married in one country and now need to use the certificate in a third, for example a marriage in Thailand used for a residence application in Spain. The legalisation normally has to happen in Thailand. Our guide to notarising a marriage certificate covers what a notary can and cannot do here.

What about changing your name?

This is the main practical limit. Smartraveller notes that a foreign marriage certificate may not be accepted as proof of a name change, and the Attorney-General's Department says some states and territories do not accept overseas marriage certificates for this purpose. If you want to take your spouse's name, check with the registry of births, deaths and marriages in your state or territory, and with the Australian Passport Office, about what evidence they accept. Some people need to register a change of name through their registry instead.

Does marriage give your spouse the right to live here?

No. Smartraveller points out that marrying an Australian citizen does not ensure that a foreign spouse can come to Australia or become a citizen. A recognised marriage is evidence of the relationship, but the foreign spouse still has to apply for the right visa, usually a partner visa, and meet the Department of Home Affairs' requirements. The marriage certificate is one document among many in that application.

What about divorce after an overseas marriage?

A recognised overseas marriage is treated like any other valid marriage, so it can generally be ended by divorce in Australia if the Australian court has jurisdiction, which depends on the parties' connection to Australia. You do not need to return to the country where you married. A family lawyer can tell you whether you can apply here and what evidence of the marriage the court will want, usually the foreign certificate with a translation.

How do you use an overseas marriage in Australia?

1. Check it was a legal marriage. Confirm the ceremony created a valid marriage under local law, not only a symbolic one.
2. Get the official certificate. From the authority that registered the marriage, not a ceremonial or souvenir certificate.
3. Arrange a translation. If it is not in English, have it translated as the Australian body requires, usually by a NAATI translator.
4. Get certified copies if asked. A JP or other authorised witness can usually certify copies for Australian use.
5. Check name-change rules. Ask your state registry and the passport office what evidence they accept.
6. Get legal advice where needed. Especially before a divorce, property matter or new marriage, or if either person was married before.

Common mistakes to avoid

The most common mistake is relying on a ceremonial certificate, such as one handed out at a beach wedding, rather than the official certificate from the registering authority. The second is assuming a second ceremony in Australia is possible; if the overseas marriage is recognised, it is not. The third is sending a foreign marriage certificate to DFAT for an apostille, which DFAT cannot provide for a foreign document. Our guide to documents for marrying overseas covers what to prepare before the wedding.

Here is an illustration, not a real case.

Jess and Tom married at a registry office in Portugal, then held a party in Adelaide. For their joint bank account and Tom's partner visa application, they provide the Portuguese marriage certificate with a NAATI translation. When Jess wants to take Tom's surname, she checks with the South Australian registry and the passport office what evidence they accept for an overseas marriage, rather than assuming the certificate will do.

In short

An overseas marriage is generally recognised in Australia if it was valid where it took place and would have been valid under Australian law. It is not recognised if either person was already married, too young, too closely related or forced. You cannot register it here; the foreign certificate, translated if needed, is the proof. Check name-change rules with your registry, and see a lawyer for anything uncertain. Our document translation services page covers translating a foreign certificate.

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