Marriage and the law (2024)

Make sure you meet legal requirements when getting married.

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There are certain requirements that make a marriage legal when getting married in NSW, includingwho performs the wedding ceremony.

There maybe other requirements if you’re getting married interstate or overseas.

Who can get married

You do not have to be an Australian citizen or permanent resident to get married in Australia.

To get married in any state or territory in Australia, including NSW, you must:

  • not be alreadymarried
  • not be marrying an immediate family member
  • be able to understand what marriage means and freely give your consent to marry
  • be married by an authorised marriage celebrant

If one of you is under 18

You mustbe at least 18 years old to get married, unless one of you is aged between 16 and 18and:

  • you havecourt approval by a judge or magistrate to marry
  • consent by your parent or guardian has been given or dispensed with

Learn more about the rules to get married in Australia at the Attorney-General’s Department.

Marriage checklist

To get legally married in Australia:

  • complete a notice of intended marriage form (PDF 883.06KB) and give it to your celebrant between 1 to 18 months before the wedding
  • show your celebrant documents thatproveyour date and place of birth, identity, and that any previous marriages have ended
  • sign a declarationthat there are no legal reasons preventing youfrom marrying
  • your celebrant will perform the official ceremony on your wedding day, including certain words required by law that make the marriage legal
  • sign 3 copies of the marriage certificate on the day of the wedding, along with your celebrant and witnesses
  • yourcelebrant will register the marriage with the registry of births, deaths and marriages in the state or territory that the ceremony took place

Once married:

  • your celebrant can apply for an official marriage certificate on your behalf when they register your wedding, or
  • you can apply for a marriage certificatefromthe registry of births, deaths and marriages in the state or territory where you weremarried

You can find more detailed information on what’s involved when you get married:

Prenuptial agreements

Some couples enter into a prenuptial agreement before they get married. It’s a legal agreement that says how assets will be split if the relationship ends.

In legal terms, it is known as a binding financial agreement.

To be valid, both partiesneed to get independent legal advice before signing the agreement.

Divorce

The NSW Registry of Births, Deaths & Marriages do not provide any services in relation to divorce.

The Federal Circuit and Family Court of Australiahas information about:

When applying for a divorce, the court will ask to see a copy of your official marriage certificate.

If you were married in NSW, you canfind out how to apply for a copy of your marriage certificate.

If you were married in a state or territory other than NSW, you can find outwhere to apply for a copy of your interstate marriage certificate.

Marriage and the law (2024)

FAQs

What does God say about common law marriage? ›

"Jesus takes a dim view of just living together, fornication and adultery," Dorsett said. "The Bible makes it clear that any sexual behavior outside monogamous marriage is sinful.

What is marriage answers? ›

marriage, a legally and socially sanctioned union, usually between a man and a woman, that is regulated by laws, rules, customs, beliefs, and attitudes that prescribe the rights and duties of the partners and accords status to their offspring (if any).

What did Jesus teach about marriage and divorce? ›

(Matthew 19:8-9)

I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman commits adultery” (Matt 19:8-9, NIV).

What constitutes marriage in God's eyes? ›

For "what God has joined together, let no man put asunder." The practical way of this working out is that the vows have to be fully made to begin with. The vows are what makes a valid marriage. The people have to mean the vows, with NO EXCLUSIONS or CONDITIONS, i.e., that the vows are unconditional.

Is it a sin to live together without being married? ›

The Church's teaching on cohabitation is not an “arbitrary” rule. Living together before marriage is a sin because it violates God's commandments and the law of the Church.

Are all marriages ordained by God? ›

A true marriage is the joining together by God of a man and a woman to become one flesh -MATTHEW 19:6. And any man, that is so joined together, to a wife is commanded by God to leave father and mother, and cleave to his wife.

What are the three promises of marriage? ›

The couple could promise each other to "love and cherish" or, alternatively, the groom promises to "love, cherish, and worship", and the bride to "love, cherish, and obey".

What is true marriage? ›

For example, the Oxford Dictionary definition of marriage is, “The legally or formally recognized union of two people as partners in a personal relationship.” However, in a biblical sense marriage is often defined as, “A man shall leave his father and mother… and hold fast his wife… they shall become one flesh.”

What is marriage according to the Bible? ›

Marriage involves spiritual, emotional, and physical closeness. In the Old Testament, we are taught, “Therefore shall a man leave his father and his mother, and shall cleave unto his wife: and they shall be one flesh” (Genesis 2:24). Married couples are meant to be unified in every possible way.

What is the only reason for divorce in the Bible? ›

Matthew 5:32, NIV

Divorce in the Bible is only considered under the only exceptional circ*mstance of sexual immorality. If either spouse remarries a person not divorced under this rule, or if they have not been divorced because of immoral behavior, then they will have committed adultery.

What are the three biblical reasons for divorce? ›

3 Reasons for Divorce in the Bible: The Ending of Vows
  • Adultery as a Reason for Divorce in the Bible. Adultery has been a thorn in the flesh for generations. ...
  • Abandonment: Deserting the Covenant. ...
  • Abuse: A Valid Reason for Divorce.
Mar 18, 2024

Can a divorced woman remarry according to the Bible? ›

The only specific allowance for remarriage after a divorce is for adultery (Matthew 19:9), and even this is debated among Christians. Another possibility is desertion—when an unbelieving spouse leaves a believing spouse (1 Corinthians 7:12-15).

What happens to married couples in heaven? ›

"[W]hatever you bind on Earth shall have been bound in heaven,” Jesus says. This quotation is understood as providing that marriages performed in church are eternal and, therefore, will continue in heaven.

What does the Bible say about marriage problems? ›

Constant Conflict – (Ephesians 5:33)

If your marriage is filled with conflict, don't give up.” This scripture instructs a husband to love his wife as he loves himself and that his wife must respect him. If your marriage is filled with conflict, don't give up.

Does the Bible say you have to be married to have a child? ›

If everyone were to have children in a manner honoring to God, everyone would have to marry. The apostle Paul expressly states that not everyone must get married. Therefore, not everyone has to be fruitful. Why should this not apply to couples as well as singles?

Is common law marriage considered marriage? ›

A common law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized by a ceremony. Not all states have statutes addressing common law marriage.

Is common law marriage a good thing? ›

Being married under common law entitles couples to certain financial benefits that legally married couples also can enjoy. Social Security Benefits: Common law couples are eligible to receive one another's Social Security benefits following spousal benefit rules.

Why is common law marriage important? ›

Common-law marriage typically matters most upon a death or separation. If one partner dies, it will become important to know if the surviving partner is eligible for the same benefits as if the two were married. Similarly, if the couple separates, they may feel entitled to split assets the same way married couples do.

Is common law marriage OK? ›

Information. A common law marriage occurs when a couple lives together for a certain amount of time, holds themselves out as husband and wife, and intends to be married. Once a common law marriage is formed, that couple is treated legally the same way that traditional married couples are treated.

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