Lana Oconnell
International students and other non-citizens can get married in Australia, and their marriage will be recognised as long as it is valid under Australian law. To be eligible for a Partner Visa, however, the marriage must be valid under Australian law and it must be genuine. There are several visa options for those who marry an Australian citizen or permanent resident, including the subclass 309 Partner Visa, subclass 100 Partner Visa, subclass 300 Prospective Marriage Visa, and subclass 820/801 Partner Visa.
| Characteristics | Values |
|---|---|
| Marriage in Australia | Governed by the Marriage Act 1961 and Marriage Regulations 2017 |
| Marriage equality | Recognised |
| Eligibility | No citizenship or residency requirement |
| Notice of Intended Marriage | To be submitted at least 1 month and no more than 18 months before the wedding |
| Witness requirement | Yes, introduced in June 2024 |
| Visa options for non-citizens | Partner Visa – Subclass 820/801, Subclass 309, Subclass 300 |
| Marriage certificate | Accepted as proof of marriage, but not always for name change |
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What You'll Learn
- International students don't need Australian citizenship to marry in Australia
- Marriage certificates from overseas are usually accepted in Australia
- International students marrying Australians may apply for a Partner Visa
- Notice of Intended Marriage must be given at least one month in advance
- Witnesses must be authorised, e.g. a notary public or Australian consular officer
International students don't need Australian citizenship to marry in Australia
International students do not need Australian citizenship to marry in Australia. The Marriage Act 1961 and Marriage Regulations 2017 set the rules for getting married in Australia. According to these laws, you are not required to be an Australian citizen or permanent resident to be eligible for marriage in Australia.
However, if you are planning to get married in Australia, there are a few things you should keep in mind. First, you must complete and submit a Notice of Intended Marriage application to your civil or religious marriage celebrant at least one month before your planned wedding date. This form can be downloaded from the website of the Attorney-General's Department. It is valid for 18 months from the date your celebrant receives it.
On your wedding day, three marriage certificates must be signed by you, your partner, and your authorised marriage celebrant. Your celebrant will then submit the marriage paperwork to the registry of births, deaths, and marriages in the state or territory where the marriage took place within 14 days. You should also apply for a copy of your official marriage certificate from the registry, as you will need this if you want to change your name or prove that you are married.
If you are not an Australian citizen or permanent resident and plan to live in Australia after your marriage, you should look into visa options. There are several types of partner visas available, such as the Partner Visa (Subclass 820/801) and the Prospective Marriage Visa (Subclass 300). These visas allow married or de facto couples to enter and remain in Australia. However, it is important to note that your application may face scrutiny, and evidence of a genuine relationship is key to a successful visa application.
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Marriage certificates from overseas are usually accepted in Australia
If you are planning to get married overseas and want your marriage to be recognised in Australia, there are a few things you should know. Firstly, there is no requirement to register an overseas marriage in Australia. However, for your marriage to be recognised as valid in Australia, it must meet certain criteria under the Marriage Act 1961 and the Marriage Regulations 2017.
The Marriage Act 1961 sets out the requirements for a marriage to be recognised as valid in Australia. According to the Act, your marriage will be recognised as valid if, at the time of your marriage, it was considered valid under the law of the country where the marriage took place and it would have been recognised as valid under Australian law if it had taken place in Australia. This means that overseas same-sex marriages are now automatically recognised under Australian law, provided they meet all the requirements of a valid marriage.
In addition, to be eligible for a Partner Visa in Australia, your marriage must be valid under Australian law and it must be genuine. This means that your marriage must meet the criteria set out in the Marriage Act 1961 and cannot fall under any of the reasons for invalidity listed in the Act. These reasons include, but are not limited to, one of the parties being validly married to another person, one of the parties not being of marriageable age, and the parties being too closely related.
It is important to note that there may be additional legal requirements if you are planning to get married overseas and want your marriage to be recognised in Australia. These requirements can vary depending on the country and may include obtaining a Certificate of No Impediment to Marriage, a Single Status Certificate, or a No Record Result. You may also need to provide your original birth certificate, passport, and divorce papers or the death certificate of your former spouse if you are divorced or widowed.
To summarise, marriage certificates from overseas are usually accepted in Australia as long as the marriage is recognised as valid under both the laws of the country where it took place and Australian law. However, it is always best to consult with an authorised marriage celebrant or a lawyer to confirm the specific requirements and ensure that your marriage will be recognised in Australia.
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International students marrying Australians may apply for a Partner Visa
The Partner Visa – Subclass 820/801 is for applicants applying for a visa in Australia. You must be in a married or de facto relationship with your partner, and your marriage must be valid under Australian law. Alternatively, you must have been in a de facto relationship for at least 12 months, and you must be inside Australia at the time of application.
If you are planning to marry your partner, but are not yet married, you may be eligible for a Prospective Marriage Visa (Subclass 300). This visa is valid for nine months from the date of the grant, and you must marry your partner within this validity period. If you marry your partner before your Prospective Marriage Visa is finalised, you may be considered for a Partner Visa without needing to lodge a new application.
To apply for a Partner Visa, you will need to provide certified copies of your national identity documents, which must be translated into English. If available in your country, you may also provide multilingual or international civil status records, such as birth, marriage, or death certificates. You should also include evidence relating to the nature of your household, recognition of your relationship by family and friends, your joint financial commitments, and evidence of ongoing contact with each other.
Please note that marriage to an Australian citizen does not guarantee that you will be able to come to Australia or become a citizen. Your marriage must be recognised as valid under Australian law, and you must still apply for the appropriate visa.
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Notice of Intended Marriage must be given at least one month in advance
International students can get married in Australia, and their marriage will be recognised as long as it is valid under Australian law. To be eligible for a Partner Visa, the marriage must be valid under Australian law and it must be genuine.
The Marriage Act 1961 and Marriage Regulations 2017 determine the rules of marriage in Australia. The rules do not depend on the gender of the couple.
To get married in Australia, a Notice of Intended Marriage must be given to a civil or religious marriage celebrant at least one month in advance of the wedding. This notice is valid for 18 months from the date your celebrant receives it. If there is less than one month until your wedding, you should talk to your authorised marriage celebrant, and you may be able to get married if a prescribed authority approves it.
The notice must be signed and dated in front of an authorised witness, who will also sign and print their name and qualification. This can be an authorised celebrant, a justice of the peace, or a barrister or solicitor, among others. If you are outside of Australia when you sign the notice, the witness can be a notary public, an Australian consular officer, an Australian diplomatic officer, or an employee of the Commonwealth authorised under paragraph three C of the Consular Fees Act 1955, or of the Australian Trade Commission authorised under paragraph 3D of the same Act.
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Witnesses must be authorised, e.g. a notary public or Australian consular officer
Getting married in Australia
International students can get married in Australia, as there is no requirement to be an Australian citizen or permanent resident to be legally married in the country. The Marriage Act 1961 and Marriage Regulations 2017 outline the rules for marriage in Australia, and state that the right to marry is no longer determined by sex or gender.
Witnesses
For a marriage to be legally binding in Australia, there must be a minimum of five people present: the couple, the celebrant, and two witnesses. These witnesses must be over the age of 18 and must understand what is happening during the ceremony. They do not need to be Australian citizens or residents, and they do not need to provide ID documents.
The witnesses must be authorised and can be anyone from outside the wedding party, such as a neighbour or family member. Witnesses do not need to know the couple personally, but they must be able to see, hear, and understand the proceedings so that they can legally attest to the circumstances of the marriage if necessary.
The list of people who are authorised to witness the signing of the Notice of Intended Marriage (NOIM) is written on the document itself. If the couple is located overseas, they can use the services of a non-Australian-based online Notary Public or visit an Australian Embassy, High Commission, or Consulate to have the NOIM witnessed.
Visa options
If one partner is an Australian citizen, permanent resident, or eligible New Zealand citizen, there are visa options for the non-Australian partner to remain in Australia. The Partner Visa – Subclass 820/801 allows married or de facto couples to enter and stay in Australia together. The marriage must be valid under Australian law, and the couple must have been in a de facto relationship for at least 12 months.
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Frequently asked questions
Yes, international students can get married in Australia. The Marriage Act 1961 and Marriage Regulations 2017 set the rules for getting married in Australia, and citizenship or residency is not a requirement for eligibility to marry in the country.
To get married in Australia, you must submit a Notice of Intended Marriage application to your chosen marriage celebrant at least one month before your wedding. This is valid for 18 months from the date your celebrant receives it.
You will need to provide proof of identity, such as a passport or birth certificate, and proof of your current address. If you have been married before, you may need to provide proof that you are no longer married.
Your overseas marriage certificate may be accepted as proof of your marriage in Australia, but it may not be accepted for a name change. It is best to check with your local registry of births, deaths, and marriages.
If you plan to marry an Australian citizen or permanent resident, you may be eligible for a Partner Visa (Subclass 820/801) or a Prospective Marriage Visa (Subclass 300). These visas allow married or de facto couples to live in Australia and provide access to public services like Medicare.
