Marriage Amendment Act 1985

Legislation au C2004A03046 Not in force Act

Legislation content

Marriage Amendment Act 1985

No. 7 of 1985

 

TABLE OF PROVISIONS

Section

1. Short title, &c.

2. Commencement

3. Interpretation

4. Extension of Act to Territories, &c.

5. Amendment of heading to Part 1a

6. Grants to approved organizations

7. Approval of voluntary organizations

8. Approved marriage counselling organizations under Family Law Act

9. Reports and financial statements of approved organizations

10. Heading

11. Division to be subject to application of private international law

12. Grounds on which marriages are void

13. Insertion of new Division—

Division 2—Marriages solemnized after the commencement of section 13 of the Marriage Amendment Act 1985

23a. Application of Division

23b. Grounds on which marriages are void

14. Review of refusal to register or removal from register

15. Authorization of other celebrants

16. Notice to be given and declaration made

17. Repeal of section 55 and substitution of new section—

55. Solemnization of marriages in Australia by foreign diplomatic or consular officer

18. Recognition of marriages

19. Notice of marriage

20. Notice to become void after 6 months

TABLE OF PROVISIONS—continued

Section

21. Caveats

22. Restriction on solemnization of marriages under this Part

23. Insertion of new Part—

PART Va—RECOGNITION OF FOREIGN MARRIAGES

88a. Object of Part

88b. Interpretation

88C. Application of Part

88d. Validity of marriages

88e. Validity of certain marriages not affected by this Part

88f. Incidental determination of recognition of certain foreign marriages

88g. Evidence

24. Legitimation by virtue of marriage of parents

25. Repeal of section 90 and substitution of new section—

90. Legitimacy of children of certain foreign marriages

26. Operation of certain State and Territory laws

27. Solemnizing marriage where notice or declaration not given or made, &c.

28. Formal amendments

SCHEDULE

FORMAL AMENDMENTS


Marriage Amendment Act 1985

No. 7 of 1985

 

 

 

 

 

 

An Act to amend the Marriage Act 1961

[Assented to 29 March 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Marriage Amendment Act 1985.

(2) The Marriage Act 19611 is in this Act referred to as the Principal Act.

Commencement

2. (1) Subject to sub-section (2), this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.

(2) Sections 4, 10, 11, 12, 13 and 23 shall come into operation on a day to be fixed by Proclamation.

Interpretation

3. Section 5 of the Principal Act is amended—

(a) by omitting “exercise that power or” from paragraph (a) of the definition of “Judge” in sub-section (1) and substituting “perform that”; and

 

(b) by inserting after the definition of “marriage officer” in sub-section (1) the following definition:

“‘medical procedure’ means artificial…

Overview

The Marriage Amendment Act 1985, enacted on 29 March 1985, amends the Marriage Act 1961 to address several issues related to marriage solemnization, recognition, and validity. The Act was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. Among its primary objectives is the extension of the Act's provisions to all external territories, updating the terminology from "pre-marital" to "marriage," and adjusting the requirements for marriage celebrants. Additionally, the Act aims to streamline the recognition of foreign marriages, ensuring they align with Australian law while respecting private international law. Furthermore, the Act seeks to clarify the legitimacy of children born out of wedlock whose parents subsequently marry, providing a clear legal framework for their status in Australian law.

Scope and Application

The Marriage Amendment Act 1985 amends the Marriage Act 1961 to modify various aspects of marriage law in Australia. This Act applies to all persons entering into a marriage within Australia and to Australian citizens entering into a marriage abroad. It also extends to all external territories of Australia. The Act primarily targets individuals and entities involved in the solemnization and recognition of marriages, including celebrants, marriage officers, and foreign diplomatic or consular officials. The Act modifies existing provisions to update terminology and extend its application to new contexts, such as recognizing marriages solemnized by foreign consular officers when neither party is an Australian citizen and the marriage would not be void under Australian law. Additionally, the Act updates the grounds on which a marriage may be deemed void, such as cases of duress, fraud, or mental incapacity of a party. The Act also introduces new provisions for the recognition of foreign marriages, specifying conditions under which such marriages will be recognized in Australia. It includes provisions for the legitimation of children born out of wedlock if their parents subsequently marry, under certain conditions. Notably, the Act exempts certain State and Territory laws concerning children born as a result of medical procedures from its purview. The Act does not explicitly state any exclusions or thresholds but implicitly excludes situations where a marriage would be void under Australian law or local foreign law, or where a party was not of marriageable age at the time of the marriage. The application of the Act may be extended or modified through subordinate instruments, such as regulations or orders, although specific details on such instruments are not provided in the Act itself.

Key Provisions

  • The Marriage Amendment Act 1985 amends the Marriage Act 1961 to update various provisions and introduce new sections. Key changes include modifying the requirements for solemnizing marriages, updating terminology from 'pre-marital' to 'marriage,' and addressing the recognition of foreign marriages. For example, Section 6 updates the definition of 'medical procedure' to include artificial insemination and embryo implantation. Section 15 amends the criteria for authorizing celebrants to ensure they are 'fit and proper' individuals. The Act also extends the application of certain sections to all external territories of Australia, as seen in Section 4.
  • In terms of obligations, the Act imposes various requirements on organizations seeking approval for conducting marriage education programs, as detailed in Sections 7 and 9. These organizations must meet specific criteria set by the Attorney-General and submit reports and financial statements as required. Additionally, Section 23b outlines the grounds on which a marriage may be considered void, such as if either party is already lawfully married to someone else or if the marriage falls within a prohibited relationship.
  • The Act also outlines consequences for non-compliance. For instance, Section 15 imposes a restriction on the fees that authorized celebrants can charge for solemnizing marriages, ensuring they do not exceed prescribed limits. Furthermore, Section 23b specifies that a marriage may be void if either party is not of marriageable age, highlighting the importance of age verification in the marriage process.
  • Offences and penalties are addressed in Section 23b, which lists various circumstances that would render a marriage void, such as duress, fraud, or lack of genuine consent. While the Act does not explicitly state penalties for these offences, it implies that non-compliance with these voidability criteria could result in legal consequences, such as the marriage being declared invalid. Additionally, the Act includes provisions for the review of refusals to register marriages or the removal of organizations from the register, emphasizing the importance of adherence to the legal requirements outlined in the Act.

Legal classification tags

Area of Law
Family Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Civil Penalty Provisions
Reporting & Disclosure Obligations
Rights & Protections
Recognition of marriages

Continue reading Marriage Amendment Act 1985

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.