Marriage Act 1961 Section 78 - Solemnisation of marriages where a party to the marriage is not an Australian citizen etc.

Marriage Act 1961

In force on 5 Jan 2026

Marriage Act 1961 Section 78

Solemnisation of marriages where a party to the marriage is not an Australian citizen etc.

MA1961 s.78 Browse all sections

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MA1961 s.78

78 Solemnisation of marriages where a party to the marriage is not an Australian citizen etc.

(1) Subject to subsection (2), a marriage shall not be solemnised under this Part if 1 party to the intended marriage (in this section called the non‑Australian) is not an Australian citizen or a member of the Defence Force.

(2) Subsection (1) does not apply where the authorised celebrant is satisfied:

(a) that the marriage will be recognised by the law of the country to which the non‑Australian belongs;

(b) that some other marriage ceremony, in addition to the ceremony under this Part, has taken place, or is about to take place, between the parties and that the other ceremony is, or, when it has taken place, will be, recognised by the law of the country to which the non‑Australian belongs; or