Get Married Online Australia – Is It Allowed in 2022? (2024)

Do you want to get married online Australia? If yes, then you must know if it’s even allowed in Australia or not. In 2020, many weddings went straight to Zoom or Skype. The deadly Coronavirus has badly affected travel activities all over the world.

The Australian Government had to put strict travel restrictions in 2020. It had to close international borders to protect its people from Covid-19. Due to this, people who were about to get married in Australia were bound to be married online. Though, if you couldn’t visit Australia and think about online marriage, you must know whether it’s legal or not in 2022.

So let’s get straight into the details of online marriage in Australia and find out if Australia accepts it.

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Is It Allowed to Get Married Online Australia?

If you’re thinking about getting married in Australia online, then it’s not possible. According to the Marriage Act 1961 administered by the Attorney General’s Department, online marriage Australia isn’t acceptable.

It’s not legal to get married to your partner online in Australia. As per the Marriage Act 1961, an authorized celebrant and two witnesses must be present in the wedding ceremony.

Your marriage will not be legal if a celebrant and witnesses aren’t physically present. If you want to get married online Australia, you can’t. The only way to legally get married in Australia is when a celebrant, 2 witnesses and the couple is physically present at the location.

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Is Online Marriage Acceptable in Australia for Partner Visa | Difference btw Online & Proxy Marriage

What is the Difference between Online Marriage and Proxy Marriage?

Online marriages are usually conducted via video calls using Skype or Zoom. People consider online marriages when they can’t be physically present at the wedding place. On the other side, proxy marriage is way different than online marriage.

Proxy marriage seems like an online marriage. However, it’s a bit different from online marriage. In proxy marriage, a third party signs the marriage documents on behalf of the groom or bride.

According to Australian law, consent must be given in person by both parties. Many countries don’t allow proxy marriages, but Australia does. A proxy marriage is accepted in Australia only if it’s recognized by the country where it was solemnized.

What is a Partner Visa 309 and 100?

A Partner Visa is for partners/spouses of Australian permanent residents, Australian citizens and eligible citizens of New Zealand. It allows them to live in Australia with their partners permanently. Australia offers Partner Visas 309 and 100 for overseas applicants.

If you live outside Australia, you can apply for visas 309 & 100. Partner Visa 309 is a temporary visa. At the same time, a 100 visa lets you stay in Australia permanently. You can live in Australia on visa 309 until Home Affairs decides on your visa 100 application. If you want to apply for a Partner Visa with a high chance of visa approval, feel free to contact us anytime.

Live with your de facto partner or spouse in Australia permanently with Partner Visa.

Once you obtain a Partner Visa 100, you can permanently live, study, and work in Australia. It’s a perfect pathway for overseas people to move to Australia. Partner visa helps people to reunite in Australia and live together.

Enroll in Medicare, a public healthcare scheme in Australia, to get medical services there.

Partner visa 309 & 100 cost AUD 7,850. You might also have to pay for police certificates or biometrics. As a Partner Visa holder, you can sponsor your relatives to visit Australia. You become an Australian permanent resident from the date you’re granted a Partner Visa. As a permanent resident, you can enroll in Medicare to get medical services in Australia.

Proxy Marriage and Immigration Law Australia

Even though Australia doesn’t recognize proxy marriages that take place in Australia, If the proxy marriage is legally recognized and registered in the country where it happens, Australia may consider it for immigration purposes under”common law.”

So, a couple might be able to set up a proxy marriage and then use that marriage to apply for a subclass 309. If granted, the offshore partner will meet the definition of an “immediate family member,” which is a spouse, so the 309 partner visa holder will not need a travel exemption to go to Australia.

The couple must show the Department that:

  • The law of the country where the marriage was solemnized (that is, where the marriage celebrant authorized the marriage) allows consent to be given by proxy.
  • The wedding was solemnized according to that law, and both parties gave “real consent” to the marriage, as defined by Departmental policy.

In order for them to be able to spend the rest of their lives together, they still need to demonstrate that:

  • They both want to spend the rest of their lives together and won’t spend time with anyone else
  • Their relationship is real and lasting, and they don’t live apart all the time.

What is a Double Proxy Marriage?

In a double proxy marriage, proxies may sign a marriage license for a couple who’s unable to attend their own wedding and needs the marriage to be documented. Organizing a double proxy wedding will not affect your special day. It’ll make the legal process of your marriage more convenient and efficient for you.

Can you Get Married Online Australia? – Final Thoughts!

It’s impossible to get married online Australia. As the Australian Government doesn’t allow online marriages. So, if you think about getting married online, your marriage will not be legal. Though, you can be married by proxy. No matter whichever way you choose to marry, make sure you respect the Australian laws. If you need more help to marry your partner in Australia, feel free to Book Consultation with our Migration Experts!

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  • Proxy Marriage and its Requirements for Australia | The Migration
Nasir Nawaz

I’m Nasir Nawaz. I’m a registered migration consultant in Australia. I am based in Sydney. I’ve studied Master of Laws at the University of New South Wales. I’m providing immigration services for several years.

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Get Married Online Australia – Is It Allowed in 2022? (2024)

FAQs

Get Married Online Australia – Is It Allowed in 2022? ›

Your marriage will not be legal if a celebrant and witnesses aren't physically present. If you want to get married online Australia, you can't. The only way to legally get married in Australia is when a celebrant, 2 witnesses and the couple is physically present at the location.

How can I get married in Australia from USA? ›

As such, to legally marry in Australia, you and your partner must provide:
  • The notice of intention to marry. ...
  • A declaration of no legal impediment to marriage stating that you are not married to other people, are not related and have no legal impediments to the marriage.
Aug 12, 2021

Are online marriages valid for immigration? ›

Online marriages are perfectly acceptable for U.S. spousal green card applications, as long as the couple can show that the marriage was legally sanctioned and consummated. In this article, we'll discuss what is meant by a lawful marriage and how couples can go about proving consummation.

Can you get married online to someone in another country? ›

As long as the ceremony is performed legally in one country, it's probable that other countries will also recognize the marriage as legal. Although online marriage might not be a common occurrence in some areas, a virtual wedding conducted in a country that recognizes it legally is legitimate.

What is the quickest way to get married in Australia? ›

You can get married in Australia in a calendar month as long as you have completed a Notice of Intended Marriage, had it signed by an appropriate witness and given the paperwork to a celebrant or submitted the paperwork at registry office.

Is online marriage legal in Australia? ›

According to Australian law, you cannot have an Australian wedding online. The only way to legally have an “Australian” wedding is to have the couple in the same physical place as two witnesses and the celebrant.

How to legally get married in Australia? ›

Rules to get married in Australia
  1. not be married.
  2. not be marrying a parent, grandparent, child, grandchild, brother or sister.
  3. be at least 18 years old, unless a court has approved a marriage where 1 person is 16-18 years old.
  4. understand what marriage means and freely agree to marry.
  5. use specific words during the ceremony.
Sep 1, 2021

Is virtual marriage legit? ›

Is it legal to have a virtual wedding in California? According to the L.A. Times, on April 30 2020, Governor Gavin Newsome signed a similar executive order allowing couples to get married virtually. This makes it legal for officiants to wed couples virtually.

What is the fastest way to marry someone from another country? ›

If Both You and Your Future Spouse Are Outside the United States. If you want to come to the U.S. and marry, and then stay here, the K1 visa is the best solution. A fiancé visa will allow your future spouse to come to the United States, marry, and then adjust their status.

Is proxy marriage legal in Australia? ›

A proxy marriage is not a legally recognized form of marriage in Australia because a couple must be physically present at a wedding ceremony for the marriage to be valid.

How can I get married in Australia without a ceremony? ›

Yes, you can get legally married without a ceremony after you have lodged/submitted the NOIM with a celebrant for 30 days. You can formally sign the legal documents with just five (5) people present including yourselves, your celebrant, and 2 witnesess who must be over 18 and understand English.

What is the cheapest way to get married in Australia? ›

Registry Office Wedding

Getting married at the Registry Office is quick, cheap and reasonably easy for anyone with a good command of the English language.

Do you become a citizen if you get married in Australia? ›

If you've married an Australian citizen but are not one yourself, you still have to apply for Australian citizenship. The Department of Home Affairs has information on: temporary partner visas, which let you live, work and study in Australia while your permanent partner visa is being processed.

Can you get married in Australia as a tourist? ›

Absolutely. Getting married in Australia on a working visa, tourist visa, or prospective marriage visa is acceptable. Upon getting married, the conditions do not change.

Is an American marriage legal in Australia? ›

While a marriage that takes place overseas can't be registered in Australia, it will generally be recognised if: It's recognised under the law of the country where the marriage took place. Both parties are at least 18 years of age. Neither party is married to another person at the time of marriage.

What documents do I need to get married in Australia? ›

Your registered celebrant must see:
  • evidence of the date and place of birth (such as a birth certificate) for both of you, or a current overseas passport if you were born outside Australia.
  • current photo ID.
Mar 8, 2024

Does Australia recognize US marriage license? ›

Australian recognition of overseas marriages

While you can't register an overseas marriage in Australia, in most cases, the marriage will be legally recognised in Australia. The rules governing whether a marriage is valid under Australian law are in the Marriage Act 1961 (Cth).

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