Marriage Act 1961 Section 88C - Application of Part

Marriage Act 1961

In force on 5 Jan 2026

Marriage Act 1961 Section 88C

Application of Part

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MA1961 s.88C

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.