Commonwealth Consolidated Acts

MARRIAGE ACT 1961 - SECT 113

  (1)   Except in accordance with this section:

  (a)   persons who are already legally married to each other shall not, in Australia or under Part   V, go through a form or ceremony of marriage with each other; and

  (b)   a person who is authorised by this Act to solemnise marriages shall not purport to solemnise a marriage in Australia or under Part   V between persons who inform the first - mentioned person that they are already legally married to each other or whom the first - mentioned person knows or has reason to believe to be already legally married to each other.

  (2)   Where:

  (a)   2 persons have gone through a form or ceremony of marriage with each other, whether before or after the commencement of this Act; and

  (b)   there is a doubt:

  (i)   whether those persons are legally married to each other;

  (ii)   where the form or ceremony of marriage took place outside Australia , whether the marriage would be recognised as valid by a court in Australia ; or

  (iii)   whether their marriage could be proved in legal proceedings;

those persons may, subject to this section, go through a form or ceremony of marriage with each other in accordance with Division   2 of Part   IV or under Part   V as if they had not previously gone through a form or ceremony of marriage with each other.

  (3)   Where 2 persons wish to go through a form or ceremony of marriage with each other in pursuance of subsection   ( 2), they shall furnish to the person by whom, or in whose presence, the form or ceremony is to take place or be performed:

  (a)   a statutory declaration by them stating that they have previously gone through a form or ceremony of marriage with each other and specifying the date on which, the place at which and the circumstances in which they went through that form or ceremony; and

  (b)   a certificate by a barrister or solicitor, being a certificate endorsed on the statutory declaration, that, on the facts stated in the declaration, there is, in his or her opinion, a doubt as to one of the matters specified in paragraph   ( 2)(b).

  (4)   The person by whom or in whose presence a form or ceremony of marriage takes place or is performed in pursuance of subsection   ( 2) shall make an endorsement in accordance with the regulations on each certificate issued in respect of it.

  (4A)   A marriage which takes place after the commencement of this subsection in pursuance of subsection   ( 2) is not invalid by reason of any failure to comply with the requirements of subsection   ( 3) or (4).

  (5)   Nothing in this Act shall be taken to prevent 2 persons who are already legally married to each other from going through a religious ceremony of marriage with each other in Australia where those persons have:

  (a)   produced to the person by whom or in whose presence the ceremony is to be performed a certificate of their existing marriage; and

  (b)   furnished to that person a statement in writing, signed by them and witnessed by that person, that:

  (i)   they have previously gone through a form or ceremony of marriage with each other;

  (ii)   they are the parties mentioned in the certificate of marriage produced with the statement; and

  (iii)   they have no reason to believe that they are not legally married to each other or, if their marriage took place outside Australia , they have no reason to believe that it would not be recognised as valid in Australia .

  (6)   The provisions of sections   42, 44, 50 and 51 do not apply to or in relation to a religious ceremony of marriage in accordance with subsection   ( 5) and the person by whom, or in whose presence, the ceremony is performed shall not:

  (a)   prepare or issue in respect of it any certificate of marriage under or referring to this Act; or

  (b)   issue any other document to the parties in respect of the ceremony unless the parties are described in the document as being already legally married to each other.

  (7)   A person who is not an authorised celebrant does not commit an offence against section   101 by reason only of his or her having performed a religious ceremony of marriage between parties who have complied with the requirements of subsection   ( 5) of this section.