Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MARRIAGE ACT 1961 - SECT 113

Second marriage ceremonies

             (1)  Except in accordance with this section:

                     (a)  persons who are already legally married to each other shall not, in Australia or under Part V, go through a form or ceremony of marriage with each other; and

                     (b)  a person who is authorised by this Act to solemnise marriages shall not purport to solemnise a marriage in Australia or under Part V between persons who inform the first-mentioned person that they are already legally married to each other or whom the first-mentioned person knows or has reason to believe to be already legally married to each other.

             (2)  Where:

                     (a)  2 persons have gone through a form or ceremony of marriage with each other, whether before or after the commencement of this Act; and

                     (b)  there is a doubt:

                              (i)  whether those persons are legally married to each other;

                             (ii)  where the form or ceremony of marriage took place outside Australia, whether the marriage would be recognised as valid by a court in Australia; or

                            (iii)  whether their marriage could be proved in legal proceedings;

those persons may, subject to this section, go through a form or ceremony of marriage with each other in accordance with Division 2 of Part IV or under Part V as if they had not previously gone through a form or ceremony of marriage with each other.

             (3)  Where 2 persons wish to go through a form or ceremony of marriage with each other in pursuance of subsection (2), they shall furnish to the person by whom, or in whose presence, the form or ceremony is to take place or be performed:

                     (a)  a statutory declaration by them stating that they have previously gone through a form or ceremony of marriage with each other and specifying the date on which, the place at which and the circumstances in which they went through that form or ceremony; and

                     (b)  a certificate by a barrister or solicitor, being a certificate endorsed on the statutory declaration, that, on the facts stated in the declaration, there is, in his or her opinion, a doubt as to one of the matters specified in paragraph (2)(b).

             (4)  The person by whom or in whose presence a form or ceremony of marriage takes place or is performed in pursuance of subsection (2) shall make an endorsement in accordance with the regulations on each certificate issued in respect of it.

          (4A)  A marriage which takes place after the commencement of this subsection in pursuance of subsection (2) is not invalid by reason of any failure to comply with the requirements of subsection (3) or (4).

             (5)  Nothing in this Act shall be taken to prevent 2 persons who are already legally married to each other from going through a religious ceremony of marriage with each other in Australia where those persons have:

                     (a)  produced to the person by whom or in whose presence the ceremony is to be performed a certificate of their existing marriage; and

                     (b)  furnished to that person a statement in writing, signed by them and witnessed by that person, that:

                              (i)  they have previously gone through a form or ceremony of marriage with each other;

                             (ii)  they are the parties mentioned in the certificate of marriage produced with the statement; and

                            (iii)  they have no reason to believe that they are not legally married to each other or, if their marriage took place outside Australia, they have no reason to believe that it would not be recognised as valid in Australia.

             (6)  The provisions of sections 42, 44, 50 and 51 do not apply to or in relation to a religious ceremony of marriage in accordance with subsection (5) and the person by whom, or in whose presence, the ceremony is performed shall not:

                     (a)  prepare or issue in respect of it any certificate of marriage under or referring to this Act; or

                     (b)  issue any other document to the parties in respect of the ceremony unless the parties are described in the document as being already legally married to each other.

             (7)  A person who is not an authorised celebrant does not commit an offence against section 101 by reason only of his or her having performed a religious ceremony of marriage between parties who have complied with the requirements of subsection (5) of this section.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback