Marriage Act 1961

Subject to subsection (2), a marriage solemnised in a foreign country that would be recognised as valid under the common law rules of private international law but is not required by the provisions of this Part apart from this subsection to be recognised as valid shall be recognised in Australia as valid, and the operation of this subsection shall not be limited by any implication arising from any other provision of this Part.

Notwithstanding subsection (1), a marriage of a person domiciled in Australia, being a marriage solemnised in a foreign country, shall not be recognised in Australia as valid if, at the time of the marriage, either party to the marriage was not of marriageable age within the meaning of Part II.

Where a marriage solemnised in a foreign country is not required by virtue of this Part to be recognised in Australia as valid, this Part shall not be taken to limit or exclude the operation of a provision of any other law of the Commonwealth, or of a law of a State or Territory, that provides, expressly or impliedly, for such a marriage to be recognised as a valid marriage for the purposes of the law in which the provision is included.

This Part shall not be taken to limit or exclude the operation of a provision of any other law of the Commonwealth, or of a law of a State or Territory, that deems a union in the nature of a marriage to be a marriage for the purposes of the law in which the provision is included.