What Makes a Marriage Valid for an Australian Spouse Visa?

What legal requirements make a marriage valid in Australia?

The legal requirements that make a marriage valid in Australia are that neither person is already married, both are of marriageable age, they are not in a prohibited relationship, and both give real consent. The ceremony must be conducted by an authorised celebrant after a Notice of Intended Marriage has been given in time, with both people present and two witnesses aged 18 or over. A marriage that does not meet these requirements may be void. A Subclass 300 holder who marries in Australia must follow the same rules, and the marriage must occur within the visa period.

When is a marriage void under Australian law?

A marriage is void under Australian law where either person was already married, the couple were in a prohibited relationship such as parent and child or brother and sister, either person was not of marriageable age, or the consent of either person was not real because of duress, fraud or a mistake about the ceremony or the other person's identity. A void marriage cannot support a spouse visa. Our article on a partner visa while still married explains the position of people whose earlier marriage has not ended.

How is an overseas marriage assessed for validity?

An overseas marriage is assessed for validity by asking whether it was legally valid under the law of the country where it took place and whether any ground for non-recognition in Part VA of the Marriage Act 1961 applies. Religious, customary and civil ceremonies can all be valid if the local law gives them legal effect. Our article on an unrecognised overseas marriage explains common problems with foreign marriages.

Is a legally valid marriage enough for a spouse visa?

A legally valid marriage is not enough for a spouse visa on its own. Section 5F of the Migration Act 1958 also requires a mutual commitment to a shared life as spouses to the exclusion of all others, a genuine and continuing relationship, and that the couple lives together or does not live apart permanently. Our article on the partner visa four pillars of evidence explains how this is assessed.

What documents show that a marriage is valid?

The documents that show a marriage is valid are the official marriage certificate from the registering authority and, where either person was married before, the divorce order or death certificate showing that the earlier marriage ended. Documents in another language need an English translation. Our partner visa document checklist and our article on partner visa evidence translation explain what to prepare.

How does My Migration Lawyers test whether a marriage will be accepted for a spouse visa?

My Migration Lawyers tests whether a marriage will be accepted by reviewing the certificate, the ceremony, any earlier marriage and divorce, and the law of the place where the couple married, before the spouse visa is lodged. Where a defect appears, the firm explains the safest alternative, such as a de facto application or a new ceremony, so the couple does not pay the visa charge on an application that cannot succeed. Couples can speak with our partner visa lawyers, or read about our Subclass 820 visa and Subclass 309 visa work.