Marrying the person you love in a tropical paradise like Bali would be an amazing experience, but what are the hidden problems that you may experience!
Writing this article, we hope that we can give you some considerations about marrying overseas, how you can still have your overseas wedding ceremony, and the keep the security and peace of mind that your marriage is legitimate.
Overseas wedding destinations, such as Bali, are becoming popular. As perfect and romatic as it may sound there are some things you should know before you decide on an overseas wedding.
In addition to the personal, ceremonial and spiritual aspect of a wedding ceremony, there is also a serious legal aspect that affects the legitimacy of your marriage. Any legitimacy concerns relating to your overseas wedding, can be a costly exercise in the future, and may have a legal affect on your will, your property, passport applications, the list goes on.
When you marry in Australia, your marriage is performed in accordance with Australian law called the Marriage Act 1961. Your marriage is officially recorded in Australian Government records, and is recognised by other countries.
Certificate of No Impediment to Marriage
When you marry in overseas, your marriage is subject to the laws of that country, and will be registered in government records of that country, possibly in a language other than english. Some countries may require you to have a Certificate of No Impediment to Marriage issued from a government authority. The Department of Foreign Affairs and Trade (DFAT) in Australia can issue these, but some countries may only accept them if they are issued by the Australian embassy in their country.
Recognising Oversea's Marriage
Your overseas marriage will usually be recognised as valid in Australia if at the time you married:
- your marriage was recognised as valid under the law of the country in which you married, and
- it would have been recognised as a valid marriage under Australian law if you had married in Australia.
In Australia, Section 48 of the Marriage Act 1961 defines a number of reasons that will cause a marriage in Australia to be invalid. Celebrant's in Australia understand the Marriage Act and the reasons that can cause your marriage to be invalid. Should an oversea's marriage be in breach of section 48 of the Marriage Act 1961, your marriage may be considered invalid in Australia.
Indonesian (Bali) Marriages
Marriage requirements in Bali (Indonesia Law) can be complex and vary depending on your nationality, religion, legal and consulate representation in Bali.
Your wedding ceremony must have a religious and civil ceremony, and the bride and groom must 'declare' the same religion. Your declaration towards a religion can also have implications towards the truthfulness and the legitimacy of your marriage.
What guarantees do you have that your Bali wedding has met all of the legal requirements of Indonesian law?
What guarantees do you have that your officiant is legitimate and will properly register your marriage with the appropriate government authorities.
In Australia, authorised marriage celebrants are registered with the Attorney-Generals department, and you can publically access this information. There are protections for you written into the Marriage Act. Celebrants in Australia operate under a 'Code of Practice', and are accountable to the Attorney-General. The marriage certificates issues by Celebrants, can only be obtained by Celebrants from the Australian Government Printers. You can also easily confirm your marriage is properly registered by obtaining a Certificate of Marriage from the department of Births, Deaths and Marriages in your state/territory.
Lost Marriage Certificates?
When you marry in Australia, you can obtain an official Marriage Certificate from the registrar of Births, Deaths and Marriages by sending in an application form and paying the prescribed fee.
In an overseas country, obtaining a copy of your Marriage Certificate can turn into a complex and expensive legal problem.
If your marriage documents are not in English, you will need to have them translated and certified by an officially recognised NAATI representative.
Here is just a few situations that couples have unwillingly found themselves experiencing:
- December 2017 - Sydney couple lose out on $70k after failing to enter Bali for wedding
October 2014 - Bali Wedding Plans in Tatters
March 2012 - Lost Marrage Certificate
A beautiful tropical ceremony will be an amazing experience.
For as little as $350.00, we can perform a simple registry wedding at your home, and you can still have your amazing tropical wedding ceremony experience, without the legal or relgious parts. You have the peace of mind that your marriage is legitimate, and you can obtain a certified copy of your Marriage Certificate when ever needed.