NT Not Recognizing a Foreign Marriage

[SunshineGran]

According to the Marriage Act 1961, an overseas marriage won't be recognised if the marriage is valid under the law of the country where the marriage took place and as long as the marriage, if conducted in Australia, would still been considered valid. There are a list of supporting requirements that have to be considered (age, both people have to be single, etc.)

My granddaughter is in a situation where it turns out her overseas marriage wouldn't be valid in the laws of the country where it took place, but it would be valid in Australia.

Does it have to be valid in both places (place where it took place _and_ Australia), or will it be upheld as long as it would be valid in Australia?

 

[Rod]

If the marriage ceremony occurred overseas, and it is not recognised in that country, and there were no marriage ceremonies in Australia, then it is not a marriage recognised in Australia.

A marriage needs to satisfies both tests - be a valid marriage overseas AND would be valid if conducted in Australia.

 

[Tim W]

My granddaughter is in a situation where it turns out her overseas marriage wouldn't be valid in the laws of the country where it took place, but it would be valid in Australia.

I find this implausible, but not wholly inconceivable.
What's the background to her marriage?