In Australia, being
"validly married" means that your marriage is
recognised by the government as a legal
marriage.
Although the Australian government does
recognise "marriage-like" relationships -
those that used to be called common-law
marriages but are now referred to as de-facto
relationships - for taxation and other
purposes, only a legal marriage is universally
recognised wherever you might travel.
Why
"Validly"
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The word
Validly means
that the marriage was legally binding. Never
Validly Married means that you have
never been legally married and any previous
relationships did not result in a valid
marriage according to Australian law.
In order for a marriage to be valid in
Australia, it must be
- Between two people who are at least 18
years of age (or have parental consent and
the approval of the court if one of them
is 16 or 17)
- Consensual and entered into freely by
both parties
- Conducted by a person who is authorised
to solemnise marriages in Australia (such
as a religious minister or a civil
celebrant)
- Comply with certain legal requirements
including completing and lodging a Notice
of Intended Marriage a minimum of one
month prior, proving your identity, and
having two adults present to witness your
marriage.
- Be solemnised in a ceremony wherewith
both of you, your two witnesses, and
your celebrant, are all physically present
in the same space during the ceremony.
Stating
your Conjugal
Status on the
Paperwork
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One of
the requirements for marriage is that
each of you confirms in writing, in a
signed statement what your current
conjugal status is, on three separate
documents
- on your Notice of Intended Marriage
- in your Declaration of No Legal
Impediment to Marriage
- on your official marriage certificate
If you have been previously married your
current conjugal status will depend on how
your last previous married ended
- You are Divorced if you and your
previous spouse obtained a legal divorce
through a court
- You are Widowed if your
previous spouse died
Telling a lie about your current conjugal
status will have consequences, including
time in prison.
Married,
but not "Validly"?
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If you have been previously
married, but that marriage was annulled (or
declared void) by a court of law, it is
regarded to have never been legal, and
therefore, invalid (in other words, from the
legal point of view it never happened), so
you were and are Never Validly Married.
If you have
registered a relationship under a state or
territory scheme (whether with the person
you are now marrying, or someone else) it
was not a legal marriage, so you were and are Never
Validly Married.
Your conjugal
status will be
recorded on your
marriage certificate
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When you get your official
marriage certificate (the one that proves
that your marriage has passed the tests,
is confirmed as being a valid marriage,
and has been registered, in the sections
for each of you your conjugal
status at the time of your marriage will be
stated. If you've never been married before it
will say "
Never Validly Married".
Don't panic! Your certificate is proof
that you are now married to each other.
Births, Deaths, and Marriages only issues
marriage certificates where the couple and
their celebrant have done everything required
to make your marriage legal!
Of course, if one of you had been married
before, your certificate will note Divorced or
Widowed.