Australia as both a holiday destination and as a place for overseas students to study is increasingly popular. The richness of diversity in Australia's culture adds to the fascination Australia holds as a tourist destination - and not only that.
Australia is frequently chosen as the country of choice for marriages, even for people who don't live in Australia.
The Legal Stuff: is it legal to marry in Australia as a non-Australian citizen?
The Marriage Act 1961 and the Marriage Regulations 1963 make it clear that non-Australian citizens can be married in Australia. Residence is not a factor for marriages in Australia.
Marriage Celebrants will require the same documentation for non-residents of Australia as for residents, and the Notice of Intended Marriage (NOIM) includes the question "If party born outside Australia, total period of residence in Australia".
Will my marriage in Australia be recognised in my own country?
Marriages solemnised in Australia are legally recognised internationally. If you have any doubts about a marriage performed in Australia being legally recognised in your country, you should contact your Embassy beforehand. A full list of foreign embassies in Australia can found on the Department of Foreign Affairs and Trade website.*
Will my Marriage Celebrant lodge the marriage certificate with my country?
The Marriage Celebrant lodges all required documentation with the Registry of Births, Deaths and Marriages in the State (in Australia) where the marriage was performed. The paperwork may take 1-2 weeks to be processed; however, in cases where the paperwork is urgently required by the married couple (for instance, if the couple is leaving the country soon after the ceremony), they can apply in person at the Registry for the documentation.
The couple must obtain a Registry-issued standard marriage certificate. This will be certified, and it must also be stamped either with an Apostille or Authentication Stamp as required. (Apostille and Authentication stamping is performed by the Department of Foreign Affairs and Trade - you can go in person or send your document by mail.)
Your Marriage Celebrant can handle all of this on the couple's behalf if they wish. It is then up to the newly married couple to provide the certified and stamped Registry-issued standard marriage certificate to the appropriate government department of their country.
If the marriage doesn't last, can it be considered void?
A legally solemnised marriage in Australia is not void in another country (unless the government of that country does not recognise Australian marriages). It should not be assumed that a marriage performed outside one's own country is invalid. The couple would need to ascertain that with their own government or check with their lawyer.
The marriage should be considered as valid as if it had been conducted in the bride's and groom's own country.
Can a religious ceremony be conducted later on in my own country?
There is nothing to prevent a religious ceremony from being conducted in the bride's and groom's own country if they wish, and if the legislation in their own country permits it. In many such instances, the religious ceremony has no legal nature - and performs a purely ceremonial and religious rather than legal function.
Do we need to have a blood test?
The only requirement for a marriageable person to be married in Australia is that the couple lodge the Notice of Intended marriage a month and a day before the ceremony. Neither the bride nor the groom need to have blood tests done.
The Marriage Celebrant has the obligation to meet with the couple and to make the couple aware of relationship education (as well as issue the bride and groom with the document "Happily Ever... Before and After" (Form 14A).
But that's it. The couple can communicate with the Celebrant by email, or phone, or fax, right up until the day of the ceremony - as long as the NOIM is submitted in time. If the couple can't sign it in time with the Marriage Celebrant witnessing it, there are other officials overseas who can witness it, and the witnessed document can be mailed to the Marriage Celebrant in time for the lodgement. With the wonders of international communication today, nothing is impossible.
No comments:
Post a Comment