Marriage Act 1961

4. Protects religious freedom

Religious celebrants and ministers of religion cannot be compelled to perform a marriage that conflicts with their religious beliefs, doctrines, or their religious community's views. This was explicitly added in 2017 to balance equal marriage access with freedom of religion.

5. Spells out what makes a marriage void (legally invalid from the start)

A marriage is automatically void — meaning it has no legal effect — if:

• Either person was already married to someone else
• The parties are close blood relatives (e.g., siblings, parent and child, including through adoption)
• Consent was not genuine — e.g., obtained by threats or fraud, or if a party didn't understand what was happening
• Either party was not old enough to marry

6. Registers and regulates marriage celebrants

The law creates a formal registration and oversight system for civil celebrants, including:

• Qualifications they must meet
• Ongoing professional development requirements
• A complaints system
• An annual registration fee
• Discipline procedures (including removal from the register)

7. Marriage education grants

The government can fund voluntary organisations that run marriage education and relationship support programs.

8. Parental consent for young people (16-17)

If a court approves a minor's application to marry, parents or guardians must still consent in writing, witnessed by an official. A judge can override a parent's refusal if the refusal is unreasonable.

Why does it matter?

This Act determines whether your marriage is legally recognised in Australia. If its requirements aren't met, your marriage could be void — with serious consequences for property rights, inheritance, next-of-kin decisions, and more. It also shapes who can marry you and whether a religious celebrant can decline to perform your ceremony.