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Part II (s.10-21) deals with the marriageable age and the marriage of minors. In the original 1961 Act, marriageable age was set at 16 for females and 18 for males. However, under section 12 of the original 1961 Act a female 14 or 15 years or a male 16 or 17 years could apply to the court for permission to marry.
[7] [8] [9] The original 1961 Marriage Act did not include a definition of marriage, leaving it to the courts to apply the common law definition. [10] [11] The Marriage Amendment Act 2004 defined, for the first time by statute, marriage as "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life."
What constitutes a void marriage is determined by section 23 of the Marriage Act 1961 [6] The distinction that existed before 1975 between void and voidable marriages no longer exists. In addition, the 1975 Act also abolished the legal concept of non- consummation of marriage as a ground for annulment, [ 7 ] [ 8 ] so that a divorce application ...
The Marriage Acts 1811 to 1886 means the Marriage Act 1811, the Marriage Act 1823, the Marriage Act 1824, the Marriage Confirmation Act 1830, the Marriage Act 1835, the Marriage Act 1836, the Births and Deaths Registration Act 1837, the Marriage Act 1840, the Marriage and Registration Act 1856, the Marriage (Society of Friends) Act 1860, the ...
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The Marriage Amendment (Definition and Religious Freedoms) Act 2017 (Cth) is an Act of the Parliament of Australia, which legalises same-sex marriage in Australia by amending the Marriage Act 1961 to allow marriage between two persons of marriageable age, regardless of their gender.
Section 46 of the Marriage Act 1961 [11] requires marriage celebrants to explain the legal nature of marriage in Australia to a couple as "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life", in line with the 1866 English case of Hyde v Hyde. [10]
In Australia, the Marriage Act 1961 prohibits a marriage to a direct ancestor or descendant or sibling (whether full sibling or half sibling), including those arising from a legal adoption. Such marriages are void. [8]