| Marriage Act 1961 | |
|---|---|
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| Parliament of Australia | |
| |
| Citation | Marriage Act 1961 (Cth) |
| Royal assent | 6 May 1961 |
| Amended by | |
| Marriage Amendment (Definition and Religious Freedoms) Act 2017 | |
| Status: Current legislation | |
The Marriage Act 1961 (Cth) is an act of the Parliament of Australia which regulates marriage in Australia. Since its passage in 1961, it has been amended on numerous occasions and applies uniformly throughout Australia (including its external territories); and any law made by a state or territory inconsistent with the Act is invalid. The Act was made under the power granted to the federal parliament under section 51(xxi) of the Australian Constitution. Before the passage of the Act, each state and territory had its own marriage laws.[1] The Act only recognises monogamous marriages that comply with the requirements of the Act; other forms of union, including traditional Aboriginal marriages, are not recognised.[2] However, the Family Law Act 1975 treats de facto relationships and polygamous marriages[3] as marriages for the purpose of recognising the rights of parties at a breakup. Since 2009, the Family Law Act 2009 has also recognised the property rights of each partner of de facto relationships on separation.
An amendment to the Act to legalise same-sex marriage passed into law on 8 December 2017.
- ^ Quinlan, Michael (2016). "Marriage, Tradition, Multiculturalism and the Accommodation of Difference in Australia". University of Notre Dame Australia Law Review. 18: 71–123. doi:10.32613/undalr/2016.18.1.3.
- ^ "The Recognition of Traditional Marriages: General Approach". Australian Law Reform Commission. Recognition of Aboriginal Customary Laws (ALRC Report 31). 18 August 2010.
- ^ Family Law Act 1975 - S.6 Polygamous marriages
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