Alternatively, norms and practices of Aboriginal communities relating to marriage could be enforced by the general law. This form of recognition however carries the risk of loss of control over their laws by Aboriginal people. It also brings an inflexibility to traditional marriage rules, rules which were traditionally flexible and subject to negotiation. Conflicts which have ocurred over promised marriages highlight the dangers of underwriting traditional marriages rules. Under present Australian law.
Aborigines are free to choose their marriage partners.
The Commission does not believe that this situation should be changed. The general law should not be used as a means of enforcing promises to marry, as this would involve the general law denying the right not to be coerced to marry. Traditional marriages could be recognised as marriage for all purposes of Australian law. There are drafting advantages in doing so, but there are also disadvantages. Attaching all the legal consequences of Marriage Act marriage to traditional marriages risk causing distortions.