Document ID: chunk:federal_register_of_legislation:C2024C00853:clause:1_88d
Version: federal_register_of_legislation:C2024C00853
Segment Type: clause
Provision Reference: sch 1 cl 88D
Character Range: 134570–137020

88D  Validity of marriages
 (1) Subject to this section, a marriage to which this Part applies shall be recognised in Australia as valid.
 (2) A marriage to which this Part applies shall not be recognised as valid in accordance with subsection (1) if:
 (a) either of the parties was, at the time of the marriage, a party to a marriage with some other person and the last‑mentioned marriage was, at that time, recognised in Australia as valid;
 (b) where one of the parties was, at the time of the marriage, domiciled in Australia—either of the parties was not of marriageable age within the meaning of Part II;
 (c) the parties are within a prohibited relationship within the meaning of section 23B; or
 (d) the consent of either of the parties was not a real consent for a reason set out in subparagraph 23B(1)(d)(i), (ii) or (iii).
 (3) Where neither of the parties to a marriage to which this Part applies was, at the time of the marriage, domiciled in Australia, the marriage shall not be recognised as valid in accordance with subsection (1) at any time while either party is under the age of 16 years.
 (4) A marriage solemnised in a foreign country, being a marriage to which this Part applies, shall not be recognised as valid in accordance with subsection (1) at any time while the marriage is voidable:
 (a) except in a case to which paragraph (b) applies—under the local law; or
 (b) if the marriage was solemnised in a foreign country by or in the presence of a diplomatic or consular officer of another foreign country—under the law of that other foreign country.
 (5) Notwithstanding any other provision of this Part, where:
 (a) a marriage (in this subsection referred to as the initial marriage) has, whether before or after the commencement of this Part, been solemnised in a foreign country;
 (b) at the time of the solemnisation of the initial marriage, that marriage was not recognised in Australia as valid;
 (c) after the solemnisation of the initial marriage, and whether before or after the commencement of this Part, either party to that marriage entered into another marriage (in this subsection referred to as the subsequent marriage); and
 (d) at the time when the subsequent marriage was solemnised:
 (i) the subsequent marriage was recognised in Australia as valid; and
 (ii) the initial marriage was not recognised in Australia as valid;
the initial marriage shall not be recognised at any time in Australia as valid.