Did you know that in a very specific circumstance a certain kind of celebrant can marry a certain kind of couple in a country that isn’t Australia – and it’s all allowed by Australian law, plus it’s a valid Australian marriage?
Out of the current (2021) Guidelines on the Marriage Act 1961 for authorised celebrants you’ll find the answer on page 100:
The Marriage Act allows marriages to be solemnised overseas by, or in the presence of a, Defence Force chaplain (chaplain) or a Defence Force officer authorised by the Chief of the Defence Force (officer), in limited circumstances.
One party to the intended marriage must be a member of the Australian Defence Force. Part V of the Marriage Act only concerns marriages of members of the Defence Force overseas. (Previous provisions in Part V of the Marriage Act that enabled Australian consular officials to solemnise marriages were revoked on 1 January 1993.)
Defence Force chaplains and officers are authorised, under Part V of the Marriage Act, to solemnise marriages in overseas countries where at least one party is a member of the Defence Force. Part V of the Marriage Regulations deals with the solemnisation of marriages overseas.
For the purpose of Part V, an ‘overseas country’ means a country or place other than a part of the Queen’s dominions, and includes a vessel which is for the time being in the territorial waters of such a country or place. In time of war, ‘overseas country’ may be given an extended meaning to include a part of the Queen’s dominion that is occupied by a State at war with the Commonwealth.
An authorised celebrant cannot solemnise marriages outside Australia under the Marriage Act unless they are a chaplain or officer in the Defence Force (and one of the parties to the marriage is a member of the Defence Force).
No NOIM is required for a marriage solemnised by a chaplain or officer. The form of declaration as to conjugal status to be made by the parties is the same as that approved for marriages in Australia. The forms of marriage certificates are the same as those used for marriages in Australia. The provisions of Part Il (marriageable age and marriage of minors) of the Marriage Act do apply to marriages solemnised overseas by chaplains or officers.
For the rest of us wanting to do weddings overseas, we’ll do it like I do, legal paperwork in Australia before the trip, and a commitment/wedding-like ceremony overseas where we have no authority and the Marriage Act regulations don’t apply to us.
