Is an Overseas Marriage Recognised for an Australian Partner Visa?

What makes an overseas marriage recognised in Australia?

An overseas marriage is recognised in Australia when it was legally valid under the law of the country where it was solemnised and none of the grounds for non-recognition in Part VA of the Marriage Act 1961 applies. The couple does not need to marry again in Australia. What matters is proof that the marriage was lawfully performed and, where that country requires it, registered with the proper authority. Couples who married overseas do not need to register the marriage in Australia, and Australia has no separate process for registering a foreign marriage before a partner visa is lodged. The foreign certificate, properly translated, is the primary evidence.

When is an overseas marriage not recognised for a partner visa?

An overseas marriage is not recognised for a partner visa where either person was already married to someone else, the couple were in a prohibited relationship such as siblings, either person was below the permitted age, or the consent of either person was not real consent. A marriage that was never legally valid in the country where it took place is also not recognised. Our article on an unrecognised overseas marriage explains the most common problems.

What documents prove an overseas marriage?

The documents that prove an overseas marriage are the official marriage certificate or registration record issued by the authority in that country, with a full English translation where it is in another language. Where the earlier marriage of either person ended, the divorce order or death certificate is needed to show they were free to marry. Our articles on partner visa evidence translation and the partner visa document checklist explain what to prepare.

Is a recognised overseas marriage enough for the partner visa?

A recognised overseas marriage is not enough for the partner visa by itself. The Department must also be satisfied that the couple has a mutual commitment to a shared life as spouses, a genuine and continuing relationship, and lives together or does not live apart permanently. Married couples do not need to meet the de facto 12-month requirement. Our article on the partner visa four pillars of evidence explains the four aspects assessed.

What if an earlier divorce is not recognised in Australia?

An earlier divorce that is not recognised in Australia can mean that the later overseas marriage is not recognised either, because one person was still legally married. Divorces granted overseas are generally recognised where the requirements of the Family Law Act 1975 are met, but religious or informal divorces can raise questions. Our article on partner visas after divorce explains the issues.

How does My Migration Lawyers confirm an overseas marriage before lodging?

My Migration Lawyers confirms an overseas marriage before lodging by reviewing the certificate, the registration, any earlier divorce and the way the ceremony was conducted, so the couple knows whether to apply as spouses or as de facto partners. Where the marriage is sound, the firm prepares the spouse visa around it. Where it is doubtful, the firm explains the alternatives first. Sponsors whose partner is overseas can read about our Subclass 309 visa work and speak with our partner visa lawyers.