Requirements for a Valid Marriage © Karen Devine 2010

Requirements for a Valid Marriage The law regarding marriage is contained in the Marriage Act (Cth) © Karen Devine 2010

Requirements for a Valid Marriage The Marriage Act contains: a)Who may marry. b)Who may perform the marriage. c)How the marriage ceremony is to be conducted. d)Where and when it is to be performed. © Karen Devine 2010

Marriageable Age Males and females must both be over 18. On rare occasions consent may be given by parents and the court to marry between the ages of © Karen Devine 2010

Consanguinity Couples must be within the degrees of consanguinity. That is, they cannot marry ancestors or descendants. However, marriage to a first cousin is allowed. © Karen Devine 2010

Gender A couple must be male and female. Historically, one’s sex for marriage is determined by their sex at birth. However recent case law (in Kevin’s Case 2003) has meant that transsexuals may marry. This has overturned Corbett’s case from © Karen Devine 2010

Statutory Requirements for a Valid Marriage a)The parties must be free to marry. b)They must be of marriageable age. c)They must be within the degrees of consanguinity. d)Parental and judicial consent is required if one or both of the parties are minors. e)One month’s notice of intention to marry must be given to an authorised celebrant. f)Documentary proof may be required of death, divorce or annulment. g)Marriage must be solemnised by an authorised celebrant. h)Two witnesses aged over 18 must be present and sign the marriage certificate. i)A marriage certificate must be prepared in triplicate. © Karen Devine 2010

Common Law Requirements for a Valid Marriage According to Hyde v Hyde and Woodmansee (1866) and now incorporated into the Marriage Act (Cth) 1961, marriage must be: a)A voluntary union. b)Between a man and a woman. c)Voluntarily entered into for life. d)To the exclusion of all others. © Karen Devine 2010

Pause Point Read about Kevin’s case. Kevin’s case. © Karen Devine 2010

Question Time? Should marriage law be changed to allow same sex couples to marry? © Karen Devine 2010