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Marriage Act 1961

"Marriage Act 1961?"

Top 25 Answers - by Tim P Manger (Celebrant)

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Is it illegal for same sex couples to be married in Australia?

Related to Legalities

Yes, the Australian Marriage Act 1961 does not currently recognise same sex marriages.

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Same Sex Unions Same Sex Unions
Is it illegal for same sex couples to be married in Australia? Is it illegal for same sex couples to be married in Australia?
 

Which Act covers weddings in Australia?

Related to Legalities

Marriage Act 1961.

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Getting Married Getting Married
Which Act covers weddings in Australia? Which Act covers weddings in Australia?
 

Where can I view an online copy of the Australian Marriage Act?

Related to Documents

You can view an online copy of the 'Australian Marriage Act 1961', by selecting 'Relevant Section'.

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Where can I view an online copy of the Australian Marriage Act? Where can I view an online copy of the Australian Marriage Act?
 

What are the Marriage Regulations 1963 all about?

Related to Legalities

Marriage Regulations 1963 are designed to facilitate the Australian Marriage Act 1961. Think of the regulations as the practical application of the Marriage Act.

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What are the Marriage Regulations 1963 all about? What are the Marriage Regulations 1963 all about?
 

Which Act needs to be modified in order to allow same sex gay marriage in Australia?

Related to Legalities

The Act that needs to be modified to allow same sex gay marriages (in Australia) is the Australian Marriage Act 1961.

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Which Act needs to be modified in order to allow same sex gay marriage in Australia? Which Act needs to be modified in order to allow same sex gay marriage in Australia?
 

If my State acknowledges Civil Unions does that mean Gay Marriage is Legally Binding in my State?

Related to Legalities

Whilst your State may acknowledge Civil Unions, marriage between same-sex couples is not legally binding, because the Marriage Act 1961 is Federal Legislation (as apposed to State Legislation).

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Same Sex Unions Same Sex Unions
If my State acknowledges Civil Unions does that mean Gay Marriage is Legally Binding in my State? If my State acknowledges Civil Unions does that mean Gay Marriage is Legally Binding in my State?
 

What does the Marriage Act Cover?

Related to Legalities

The Act is mainly related to who can marry, and under which circumstances marriages will (and will not) be recognised.

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What does the Marriage Act Cover? What does the Marriage Act Cover?
 

What does the term Minor mean in the Marriage Act?

Related to Legalities

The term 'minor' refers to a person who is under the age of 18.

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Marriage to a Minor Marriage to a Minor
What does the term Minor mean in the Marriage Act? What does the term Minor mean in the Marriage Act?
 

When the law eventually changes will the same rules apply to gay couples that already apply to heterosexual couples?

Related to Legalities

The Australian Marriage Act 1961 is quite explicit regarding the basic rules for marriage. I expect the rules will be the same for gay same sex couples. There are 3 fundamental rules that determine if you qualify to be married under Australian Law: 1) You cannot be married to anyone else, 2) You must not be directly related to the person you wish to marry, 3) You must be over the age of 18.

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Same Sex Unions Same Sex Unions
When the law eventually changes will the same rules apply to gay couples that already apply to heterosexual couples? When the law eventually changes will the same rules apply to gay couples that already apply to heterosexual couples?
 

If the State I live in recognises gay marriage am I legally married?

Related to Legalities

No. The Australian Marriage Act 1961 is a federal law, meaning that the States effectively have no power to change it (this must be done by the senate that sits in Canberra). Federal law covers the nation, whereas state-law is specific to that state only.

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If the State I live in recognises gay marriage am I legally married? If the State I live in recognises gay marriage am I legally married?
 

What makes a gay same sex marriage different to a heterosexual marriage in Australia?

Related to Legalities

Firstly, gay same sex marriages are generally referred to as a committment ceremonies, and secondly there is no legal paperwork. The wording during a gay union must be different to a legal civil union, whilst there is also no government marriage certificate issued. There is also no filing with Births Deaths and Marriages after the ceremony, because the Australian government does not currently recognised gay same sex marriages as legal.

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Same Sex Unions Same Sex Unions
What makes a gay same sex marriage different to a heterosexual marriage in Australia? What makes a gay same sex marriage different to a heterosexual marriage in Australia?
 

How long does it take to get our Official Marriage Certificate after we are married?

Related to Marriage

The office of Births Deaths and Marriages take about 10 days to produce your official marriage certificate, once the they take receipt of the paperwork from the Celebrant.

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How long does it take to get our Official Marriage Certificate after we are married? How long does it take to get our Official Marriage Certificate after we are married?
 

What is a Mixed Marriage?

Related to Legalities

A 'Mixed Marriage' is a term used by the Catholic church, to define unions where only one partner is of the Catholic faith. The other partner is either a different denomination or 'no' denomination.

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What is a Mixed Marriage? What is a Mixed Marriage?
 

What is the best way to communicate with you during the marriage process?

Related to General

Via email, SMS, mobile, land-line, or via the web.

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What is the best way to communicate with you during the marriage process? What is the best way to communicate with you during the marriage process?
 

Can you perform a marriage ceremony via Skype?

Related to Ceremony

Yes, provided that the bride and groom are present with their witnesses. The guests can be elsewhere(even overseas), and watch the entire ceremony as if they were at the ceremony.

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Can you perform a marriage ceremony via Skype? Can you perform a marriage ceremony via Skype?
 

What is the shortest possible time needed for a marriage ceremony?

Related to Ceremony

Less than 10 minutes.

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What is the shortest possible time needed for a marriage ceremony? What is the shortest possible time needed for a marriage ceremony?
 

How much is your fee for a Visa related marriage?

Related to General

My fee varies, depending on whether you have applied for (or are in the process of applying for) a prospective marriage visa, have completed a Notice of Intended Marriage, or require certain correspondence for your Immigration Agent.

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How much is your fee for a Visa related marriage? How much is your fee for a Visa related marriage?
 

Do you think the law regarding same sex and gay marriage will ever change in Australia?

Related to Legalities

Yes, I do think the law regarding same sex marriage in Australia will change. The influence of the Catholic Church on social beliefs has largely dimininished over the past 50 years in Australia, paving the way for more expansive views.

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Do you think the law regarding same sex and gay marriage will ever change in Australia? Do you think the law regarding same sex and gay marriage will ever change in Australia?
 

How does the law regarding Gay Marriage in Australia get changed?

Related to Legalities

To change the law regarding Gay Marriage in Australia, a Bill (a proposal for a law or a change to an existing law) is introduced in the Senate. The Bill becomes law (an Act) when agreed to in identical form by both houses of Parliament and assented to by the Governor-General.

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How does the law regarding Gay Marriage in Australia get changed? How does the law regarding Gay Marriage in Australia get changed?
 

Are you an advocate of Gay and Same Sex Marriages?

Related to Legalities

Yes, I fully support the rights of gay and same sex couples to marry in Australia.

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Are you an advocate of Gay and Same Sex Marriages? Are you an advocate of Gay and Same Sex Marriages?
 

Why do some celebrants charge less than the Victorian Marriage Registry Office?

Related to Celebrants

The Victoria Marriage Registry office charges around $450 (2016) for a standard wedding ceremony, which is the cheapest rate you will find anywhere. I am unsure how a marriage celebrant could charge less than that.

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Why do some celebrants charge less than the Victorian Marriage Registry Office? Why do some celebrants charge less than the Victorian Marriage Registry Office?
 

What is a Declaration of No Impediment to Marriage?

Related to Legalities

The Declaration of No Impediment to Marriage is commonly referred to as a Declaration or Marriage Declaration.

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Notice of Intended Marriage Notice of Intended Marriage
What is a Declaration of No Impediment to Marriage? What is a Declaration of No Impediment to Marriage?
 

Why are there celebrants who charge less than the Victorian Marriage Registry?

Related to Cost

Celebrants who charge less than the Victorian Marriage Registry are definitely below the average industry rate. There are essentially three (3) categories of Celebrant that determine cost: 1) Start-Up (Up to $550), 2) Established $550 - $750 3), Themed or Celebrity $750 - $1250.

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Why are there celebrants who charge less than the Victorian Marriage Registry? Why are there celebrants who charge less than the Victorian Marriage Registry?
 

We are looking for a Marriage Celebrant can you help?

Related to Celebrant

Yes, I am a fully qualified registered civil celebrant able to marry you anywhere within the Melbourne metropolitan area.

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We are looking for a Marriage Celebrant can you help? We are looking for a Marriage Celebrant can you help?
 

How do I find a suitable Marriage Celebrant?

Related to Registry

There are many places you can locate a suitable wedding celebrant, however I would start with the Register of Marriage Celebrants at the Attorney General's website.

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How do I find a suitable Marriage Celebrant? How do I find a suitable Marriage Celebrant?
 


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