Marriage Act 1961 Section 77 - Restriction on solemnisation of marriages under this Part

Marriage Act 1961

In force on 5 Jan 2026

Marriage Act 1961 Section 77

Restriction on solemnisation of marriages under this Part

MA1961 s.77 Browse all sections

AI explainer

MA1961 s.77

77 Restriction on solemnisation of marriages under this Part

(1) A marriage shall not be solemnised in an overseas country under this Part unless the authorised celebrant is satisfied:

(a) that each of the parties to the intended marriage is an Australian citizen or a member of the Defence Force;

(b) where 1 party to the intended marriage is not an Australian citizen or a member of the Defence Force:

(i) that that party is not a subject or citizen of the overseas country; or

(ii) that sufficient facilities do not exist for the solemnisation of the marriage in the overseas country in accordance with the law of that country;

(c) where 1 party to the intended marriage is a subject or citizen of the overseas country, that objection will not be taken by the authorities of that country to the solemnisation of the intended marriage under this Part; or

(d) that a marriage in the overseas country between the parties in accordance with the law of that country would not be recognised throughout Australia.

(2) In this section, overseas country includes a country that is deemed to be an overseas country for the purposes of section 71.