Is a Cousin Marriage Recognised for a Spouse Visa?

Can first cousins marry under Australian law?

First cousins can marry under Australian law. The Marriage Act 1961 prohibits marriage only between a person and their ancestor or descendant, or between a brother and sister, including half-siblings and adoptive relationships. Because cousins fall outside those prohibited relationships, a cousin marriage solemnised in Australia is valid, and the same rules decide whether a cousin marriage solemnised overseas is recognised.

Is an overseas cousin marriage recognised for a spouse visa?

An overseas cousin marriage is recognised for a spouse visa where it was valid under the law of the country in which it took place and no ground for non-recognition in Part VA of the Marriage Act 1961 applies. The couple should provide the official marriage certificate or registration record from that country, with an English translation. Our article on an unrecognised overseas marriage explains the problems that arise where a marriage was not validly performed or registered.

Does the Department look more closely at cousin marriages?

The Department looks closely at any marriage where there are signs that consent may not have been freely given, and cousin marriages are often arranged by families. The question is not the family relationship itself but whether both spouses genuinely chose the marriage and share a commitment to a life together. Our article on preparing evidence of a genuine relationship explains how couples show this. A marriage entered into without the real consent of either person is void under Australian law, and forced marriage is a criminal offence in Australia. Where a family arranged the introduction, the couple should explain in their own words when and why each person agreed to marry.

What evidence helps a cousin marriage spouse visa?

The evidence that helps a cousin marriage spouse visa shows the couple's own relationship apart from the family connection. Communication over time, visits, financial support, plans to live together and statements from people who know the couple as spouses all help. A single relationship statement should explain how the couple came to marry and why each chose the marriage. Our article on the partner visa relationship statement explains how to write it, and our article on Form 888 for a partner visa covers supporting statements.

Can a cousin marriage spouse visa be refused?

A cousin marriage spouse visa can be refused where the Department is not satisfied that the relationship is genuine and continuing, where the marriage was not validly performed, or where one person did not freely consent. It is the evidence about the relationship, not the family connection, that usually decides the outcome. Our article on why partner visas get refused sets out the common reasons.

How does My Migration Lawyers prepare spouse visas for couples who are cousins?

My Migration Lawyers prepares spouse visas for cousin couples by confirming first that the marriage was validly performed and registered, then building evidence that shows the couple's own relationship rather than only the family arrangement. The firm prepares the relationship statement and supporting evidence so that consent and commitment are clear from the outset. Couples marrying in an arranged setting can also see our approach to offshore Subclass 309 spouse visas and speak with our partner visa lawyers.