Commonwealth Consolidated Acts

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MARRIAGE ACT 1961 - SECT 77

Restriction on solemnisation of marriages under this Part

  (1)   A marriage shall not be solemnise d 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.


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