Commonwealth Consolidated Acts

MARRIAGE ACT 1961 - SECT 88C

  (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.