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They are all over social media and the wedding industry press - gorgeous photos and stories about real life destination weddings overseas. Many of these are symbolic (non-legal ceremonies) because, for various reasons, the couple have decided to marry legally back home in Australia.

But what if you decide that you prefer to marry legally overseas?  What do you need to know as Australian residents wanting to marry overseas and have your marriage recognised in this country? And how serious are the consequences of getting it wrong?

Getting it wrong, believing you are legally married when you aren't, or are not legally married when you are, could get you into an immense amount of legal hot water back in Australia - even to the extent of ending up with a criminal record.

If you planned to marry legally overseas, but misunderstood or failed to meet the requirements and therefore your wedding was symbolic and not legal, there would be no serious legal consequences for you back in Australia, as long as you are aware that you aren't legally married.

But, if you married legally overseas, but through a misunderstanding of what you were told back in Australia when you went to change your name, believe that you are not legally married, the legal consequences are potentially extremely serious.

True story - that highlights the legal issues

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Backstory: I was approached about a legal marriage. The couple had had a destination wedding in an island country in the Pacific quite a number of years ago. Tropical paradise. Beautiful ceremony they understood to be a legal one. But when they got back to Australia and the bride wanted to change her name she was told that her overseas certificate was not recognised. So she did a legal name change and they told everyone they weren't married after all. Now, years later, they decided it was time to "make it legal". It only took me a few questions about the where, when, and how of that wedding,  that they ARE legally married and had been for all that time because their overseas marriage was legal, and that therefore it is recognised in Australia.

The issues: Obviously, believing you are not married when you are is an issue in itself.

• Marriage changes your legal status
• Any will you have made before marriage becomes invalid on marriage, unless it meets certain conditions. They had not made new wills since marriage, so if one of them had died, they would have died intestate and the state would then decide who would inherit.
• Information provided to the Tax Office, Superannuation Funds, Employers, on your Census Form, and to The Passport Office, to name just a few, would be incorrect. Luckily, since 1901 the definition of Spouse has been a broad one, covering both de facto and legally married couples. So not much of a problem as long as you are still together. But if you have split up, reporting that you are Single (Unmarried/Never Validly Married) becomes an outright untruth, which could have serious consequences.
  
• If the relationship breaks down and one or both of you re-partner and then wishes to marry, is when you potentially could commit several criminal offences! All with jail time involved. And claiming that you didn't know you were legally married might not be as much of a defence as you might think. It is hard to prove a negative.
  
• Telling a lie on a Notice of Intended Marriage - a fine or 6 months in jail
  
• Signing the Declaration of No Legal Impediment to Marriage, in which you declare that you are free to marry - 12 months in jail under Commonwealth Law, but if you marry in Queensland, an extra 3 years
• Committing Bigamy (marrying when you are already legally married to someone else) - 5 years in jail
  

What you need to know recognition of foreign marriages

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Generally speaking, Australia recognises marriages that have taken place in other countries. BUT "terms and conditions apply"

• If one or both of you are resident in Australia, your marriage will only be recognised in Australia if it complies with Australian legal requirements for marriage
• You are both at least 18 at the time of the marriage.
• You consented to the marriage freely and willingly
• You are free to marry, that is, neither of you is legally married to any other person (including to one another)
• The marriage complies with the laws of the country in which it took place
• The marriage has been registered with the authorities in the country in which it took place

How do we register our overseas marriage in Australia?

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Simple answer. You can't.

• Australia has no process for registering your overseas marriage with authorities here.
• This means that the legal record of your marriage will be held in the country in which it takes place, and the only proof you will have for use in Australia will be your official marriage certificate, the one that proves that your marriage has been registered. So make sure you obtain one as soon as possible after your wedding, and keep it safe.

Can we get legally married again in Australia so our marriage is registered here?

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Not without getting divorced first.

• It is against the law for you to have a second legal marriage ceremony if you are already married to any other person, including one another.

Different countries, different rules

Best advice I can give about getting married overseas is to pick your country carefully!

Very few countries are as easy to get married in as Australia is! And there are some requirements that might make you shake your heads. But get them wrong, or skip a step and your marriage won't be legal.

• Many countries have residence requirements
  Which means that one or both of you must be resident in the country for a specified period of time before the marriage can take place
• Many countries have specific visa requirements if you plan to marry there
  You have to have a visa that specifies you are entering the country for the purpose of getting married
• In some countries marriage law isn't universal to the country
  It is on a state/province by state/province basis, each having its own laws. Canada and the USA are two such countries
• In some countries the rules for women getting married are different from those for men
  For example, how long after a divorce or the death of a spouse you have to wait before you can remarry, age at which you can marry, and other more personal requirements, like whether you are pregnant or not, and your religion and the religion of the person you are marrying
  
• Waiting period between giving notice/obtaining a marriage licence and being able to legally marry, differs
• Age at which you can legally marry may be older or younger than in Australia (where it is 18)
• Paperwork required
  And when and how and to whom it is required to be presented
• Medical tests
  Some countries require blood tests to ascertain whether you have any of the diseases that are a barrier to getting married.
• Witnesses
  How many and who they can/must be
• What type of marriage ceremony is required for your marriage to be legal
  Some countries only recognise civil marriage ceremonies conducted at the Town Hall or other official location by a government official as a legal ceremony. For example, European countries where religious ceremonies are not legally recognised.
• Requirement to front up to a Registry Office for the registration of your marriage.
  

Make sure you get the right kind of certificate as proof of your marriage

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There are two types of marriage certificate

• Something you get on the day, which may or may not be a legal document that proves your marriage ceremony took place. In some countries your celebrant may give you a commemorative certificate that has no legal standing. In others you might get a copy of your marriage licence. In Australia you get what we call a Form 15, a cream-coloured certificate with the coat of arms on the top of it.
  
• An official certificate of marriage you get from the authority that registers your marriage and keeps the record of it. In Australia you apply, and pay for it, from Births Deaths and Marriages in the state or territory in which your marriage ceremony took place. It has the same format and look and feel as birth and death certificates.

You will need an official marriage certificate, as proof that your marriage took place, met all legal requirements of that country, and has been registered. This type of certificate is the only one that is accepted as proof of marriage. So make sure you get one as soon as possible! And if necessary, have it translated by an official translator.

IMPORTANT: Even if you don't have the certificate, you are still legally married, you will just have a hard time proving it.

Changing your Name after Marrying Overseas

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As mentioned above, while your legal marriage overseas will be recognised here in Australia, your certificate is not acceptable for the purposes of change of name by marriage. So you will have to do a legal name change, which will retrospectively change your name on your birth certificate.

Related information

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• Will your overseas destination wedding be recognised in Australia?
• Changing Your Name - Legal or by Marriage?
  

Thanks for reading!