Last updated 1 December 2024

Marriage solemnised in Australia

Amendments to the Marriage Act 1961 (Cth) (Marriage Act) redefined marriage as the union of two people to the exclusion of all others, voluntarily entered into for life (s 5 Marriage Act). The Marriage Act now provides same-sex couples with the same rights and responsibilities as heterosexual couples. This includes rights to marry, spousal benefits, hospital visitation and medical decision making, family law entitlements and responsibilities, property entitlements, and to surrogacy and adoption. 

Marriage solemnised in a foreign country

From 9 December 2017, the Marriage Act recognises any existing and any future same-sex marriages solemnised outside of Australia under the law of a foreign country. The amendments to the Marriage Act also acknowledge any same-sex marriage solemnised by a diplomatic or consular officer under the law of a foreign country before 9 December 2017 (pt VA Marriage Act).

A couple whose foreign same-sex marriage that became recognised from 9 December 2017 cannot marry each other again in Australia. However, this does not exclude married couples having another ceremony in Australia such as a confirmation or renewal of vows.