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Marriage Outside Australia (for Australians)
In the United Kingdom
Marriages entered into overseas are generally recognised as valid in Australia provided
• the marriage was recognised as valid under the law of the country in which it was entered into, at the time when it was entered into, and
• the marriage would have been recognised as being legal under Australian law if the marriage had taken place in Australia.
There is no requirement to register in Australia a marriage which takes place overseas. A foreign marriage certificate is prima facie evidence in Australia of the occurrence and validity of the marriage. The Department of Foreign Affairs and Trade website has further general information about marriage overseas.
Changes to UK Marriage Laws (effective from 1.2.05)
A new law in relation to marrying in the UK, applicable to all foreigners outside the European Economic Area (EEA) who do not have a right of abode or a British passport, came into effect on 1 February 2005.
Under the new law all foreign nationals wishing to marry in the UK must apply in writing to the Secretary of State for a 'Certificate of Approval'.
If both you and your fiancé/e are in the UK, to qualify for the certificate you both must have been granted leave to enter the UK for more than six months and you must ensure that there is at least three months of that visa remaining. If either you or your fiancé/e has less than three months left on the visa or your fiancé/e is from a country outside the EEA and does not have an appropriate visa, you can only be married in the UK if you and/or your fiancé/e applies for an entry clearance for the UK as a fiancé/e or marriage visitor.
After obtaining the 'Certificate of Approval' foreign nationals are required to give notice of their intention to marry to a registrar (in England and Wales the registrar must be from one of the designated register offices) who must advertise your notice of intention to marry for at least 15 days prior to the scheduled day of the marriage.
For further information on marriage laws in the UK and for the application for the 'Certificate of Approval', please click here. For a full list of designated register offices in England and Wales, please click here.
In Scotland
By law both parties to a proposed civil or religious marriage in Scotland are required to submit marriage notice forms to the registrar of the district in which the marriage is to take place, informing him of their intention to marry.
Marriage notice forms can be obtained from any registrar of births, deaths and marriages in Scotland. For the directory of registrars in Scotland, please click here.
Notice must be given in the three-month period prior to the date of marriage and not later than 15 days before that date.
A Certificate of No Impediment is not required for Australian citizens marrying in Scotland.
If you require further information visit the General Register Office of Scotland website .
In Countries other than Australia and the UK
If you are domiciled outside the country where you intend to be married, you may need to obtain a Certificate of No Impediment to Marriage (CNI) which states that there is no impediment to your proposed marriage.
You will need to clarify if a CNI is required for your marriage with the Embassy of the country where you intend to be married. For a list of Embassies in London, please click here.
If you do need a CNI, any state office of the Department of Foreign Affairs and Trade in Australia or any Australian Diplomatic Mission overseas can issue a CNI.
Some countries will only accept a CNI issued by the Australian Diplomatic Mission located in the country in which the marriage is to take place. You will need to clarify this with the Embassy of the country where you intend to be married.
If you need to obtain a CNI and have been advised by the Embassy of the country where you intend to be married that it will be accepted if produced by the Australian Diplomatic Mission in London, please complete an Application for a "Certificate of No Impediment to Marriage" , entering both your and your fiance's detail's, have it witnessed by a qualified witness (as listed on the application form) and forward it to
Consular Office
Australian High Commission
Strand
London WC2B 4LA
The CNI costs £35.00, plus £8.00 if you require a High Commission staff member to witness your application. Payment should be made by Postal Order made out to the Australian High Commission. We do not accept personal bank cheques.