Commonwealth Consolidated Acts

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MARRIAGE ACT 1961 - SECT 88C

Application of Part

             (1)  This Part applies to and in relation to every marriage solemnised, whether before or after the commencement of this Part, in a foreign country where:

                     (a)  under the local law, the marriage was, at the time when it was solemnised, recognised as valid; or

                     (b)  if the marriage was solemnised by or in the presence of a diplomatic or consular officer of another foreign country:

                              (i)  under the law of that other foreign country, the marriage was, at the time when it was solemnised, recognised as valid; and

                             (ii)  at the time when it was solemnised, the solemnisation of the marriage was not prohibited by the local law.

             (2)  Where a marriage (not being a marriage referred to in subsection (1)) that was solemnised, whether before or after the commencement of this Part, in a foreign country:

                     (a)  is, at any time in relation to which the validity of the marriage falls to be determined, recognised as valid under the local law; or

                     (b)  if the marriage was solemnised by or in the presence of a diplomatic or consular officer of another foreign country and, at the time when it was solemnised, the solemnisation of the marriage was not prohibited by the local law--is, at any time in relation to which the validity of the marriage falls to be determined, recognised as valid under the law of that other foreign country;

this Part applies to and in relation to the marriage from and including that time.



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