Marriage Act 1961
No. 12, 1961
Compilation No. 34
Compilation date: 28 March 2026
Includes amendments: Act No. 4, 2026
About this compilation
This compilation
This is a compilation of the Marriage Act 1961 that shows the text of the law as amended and in force on 28 March 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
2A Objects of this Act
5 Interpretation
5A Application of the Criminal Code
6 Act not to exclude operation of certain State and Territory laws
7 Validity of certain marriages not affected
8 Extension of Act to Territories etc.
9 Arrangements with State
9A Persons who may exercise certain powers may be restricted by Proclamation
Part IA—Marriage education
9B Grants to approved organisations
9C Approval of voluntary organisations
9E Reports and financial statements of approved organisations
Part II—Marriageable age and marriages of minors
10 Application of Part
11 Marriageable age
12 Authorisation of marriage of person under age of 18 years in exceptional circumstances
13 Marriage of minor not to be solemnised without consent of parents etc.
14 Persons whose consent is required to the marriage of a minor
15 Prescribed authority may dispense with consent in certain cases
16 Consent by magistrate where parent etc. refuses consent etc.
17 Re‑hearing of applications by a Judge
18 Provisions applicable to inquiries by Judge or magistrate
19 Restriction on applications under sections 12, 15 and 16
20 Effect of consent of magistrate or…
Overview
The Marriage Act 1961 was enacted to establish a legal framework that allows civil celebrants to solemnise marriage, provides for ministers of religion to solemnise marriage in accordance with their religious doctrines, and ensures equal access to marriage while protecting religious freedoms. The Act was passed by the Commonwealth Parliament and its primary objective is to regulate the solemnisation of marriages in Australia, including setting out the requirements for valid marriages, authorising certain persons to solemnise marriages, and detailing the procedures for marriage registration and the issuance of marriage certificates. The Act also includes provisions for the recognition of foreign marriages and the legitimation of children born out of wedlock whose parents subsequently marry. The legislation has been amended several times to address issues such as the inclusion of marriage education programs, the recognition of same-sex marriages, and the administration of celebrant registration and fees.
Scope and Application
The Marriage Act 1961, as amended, governs the solemnisation and recognition of marriages in Australia. It applies to individuals and entities involved in the solemnisation of marriages, including civil celebrants, ministers of religion, and other authorised officials, within Australia and its external territories. The Act establishes a legal framework for civil and religious marriages, ensuring equal access while respecting religious freedom. It delineates the marriageable age, the process for solemnising marriages, and the requirements for the validity of marriages, including provisions for marriages of minors, void marriages, and the recognition of foreign marriages. The Act also outlines various offences related to marriage, such as bigamy and marrying someone not of marriageable age, and provides for the registration of marriage celebrants and the maintenance of marriage registries. The Act extends to Norfolk Island, the Territory of Christmas Island, and the Territory of Cocos (Keeling) Islands, and its application to other territories can be arranged by the Governor-General. Certain marriages and legitimations are recognised as valid in all territories. The Act does not exclude the operation of State and Territory laws relating to marriage registration, but marriages solemnised after the commencement of this Act are not invalidated by failure to comply with such laws. The Act's provisions can be extended or restricted through subordinate instruments, and it provides for the publication of lists of authorised celebrants and prescribed authorities.
Key Provisions
- The Marriage Act 1961 (Act) sets out the legal framework for marriage in Australia. It allows civil celebrants and ministers of religion to solemnise marriages, with respect to the doctrines, tenets and beliefs of their religion, the views of their religious community or their own religious beliefs. The Act specifies the marriageable age and the process for authorising marriages of minors. It details the requirements for solemnising marriages, including the roles of authorised celebrants, ministers of religion, and foreign diplomatic or consular officers. The Act also outlines the grounds on which marriages may be considered void, the recognition of foreign marriages, and the legitimation of children born out of wedlock when their parents later marry.
- The Act imposes several obligations on the parties and entities it governs. Ministers of religion and marriage celebrants must be registered and comply with the Code of Practice for marriage celebrants. The Registrar of Marriage Celebrants has the responsibility to review the performance of marriage celebrants and take disciplinary measures if necessary. Authorised celebrants must ensure that certain notices are given and declarations made before a marriage can be solemnised. They must also satisfy themselves of the parties' identities and that there is no legal impediment to the marriage. Additionally, the Act requires authorised celebrants to prepare and retain marriage certificates and other documents.
- The Act outlines various offences and penalties for breach. Bigamy, marrying a person not of marriageable age, and solemnising a marriage where there is a legal impediment are all criminal offences, with maximum penalties of imprisonment for 5 years. Other offences include contravening subsection 13(3), solemnising a marriage without proper notice or declaration, solemnising a marriage by an unauthorised person, and going through a marriage ceremony with a person not authorised to solemnise it. These offences carry maximum penalties of imprisonment for 6 months or 5 penalty units. There are also specific penalties for failing to comply with notice under section 51 (1 penalty unit) and for an interpreter's failure to furnish a certificate or making a false statement in the certificate (imprisonment for 6 months or 5 penalty units). The Act also provides for civil and criminal consequences for breaches of its provisions, ensuring compliance with its requirements.
- Area of Law
- Family Law
- Civil Litigation & Procedure
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Offence Provisions
- Licensing & Registration
- Enforcement Powers
- Rights & Protections
- Delegated & Subordinate Legislation
- Reporting & Disclosure Obligations