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The general age of marriage in Australia is 18 years, but in "unusual and exceptional circumstances" a person aged 16 or 17 can marry with parental consent and authorisation by a court. A Notice of Intended Marriage is required to be lodged with the chosen marriage celebrant at least one month before the wedding. [2]
New South Wales Registry of Births Deaths and Marriages. Civil registration in Australia of births, deaths and marriages as well other life events (such as changes of name, registration of relationships, adoption or surrogacy arrangements, changes of sex) is carried out and maintained by each state and territory in Australia, in an office called a Registry of Births, Deaths and Marriages.
The application can be lodged online or using a hard copy form. A fee is payable. If the application is made by one spouse (called a "sole application"), the divorce documents must be served on the other spouse, at least 28 days before the court hearing if the spouse is in Australia or 42 days if overseas. [21]
However, the rate of civil marriages varied between states and territories, with a civil marriage rate of 75.5% in New South Wales, 81.2% in Victoria, 84.3% in Queensland, 79.7% in South Australia, 84.1% in Western Australia, 86.8% in Tasmania, 83.9% in the Northern Territory and 82.7% in the Australian Capital Territory. [4]
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.
Finally, the Act amended the New South Wales Anti-Discrimination Act 1977 to ensure same-sex couples are protected from discrimination on the basis of their "marital or domestic status" in employment, accommodation and access to other goods and services. [140] [141] New South Wales has also sought to legislate with respect to same-sex marriage.
The Marriage Act 1961 (Cth) is an Act of the Parliament of Australia which regulates marriage in Australia. Since its passage in 1961, it has been amended on numerous occasions and applies uniformly throughout Australia (including its external territories ); and any law made by a state or territory inconsistent with the Act is invalid.
The Marriage Equality Bill 2013 enabled couples who were not able to marry under the Commonwealth Marriage Act 1961 to enter into a marriage in the ACT. It provided for solemnisation, eligibility, dissolution and annulment, as well as regulatory requirements and notice of intentions in relation to same-sex marriages. [49]