Is It Legal Getting Married Online Australia?

It’s pretty obvious that many people have a relationship with Australian residents. Due to the Covid-19 Pandemic, they’re not able to marry their partners in Australia. As there’re strict border restrictions are in place to protect the community health of Australia. Therefore, people prefer getting married online Australia these days.

Every country has particular conditions for getting married. People who want to get married in any country must follow their requirements. Many countries don’t even allow online marriages. Before marrying a person in another country online, it’s crucial to be familiar with the country’s requirements.

Suppose you want to marry your partner in Australia, you must know the Australian terms and conditions. Your marriage will not be considered legal in Australia if you don’t meet its requirements.

So, keep reading to find out if it’s legal getting married online Australia or not.

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Is It Legal Getting Married Online Australia?

No, it’s not legal to marry online in Australia. According to the Marriage Act 1961, regulated by the Attorney General’s Department, online marriage isn’t legal in Australia. Under the Marriage Act 1961, a marriage must be solemnized in the presence of 2 witnesses and a lawful celebrant.

The physical presence of a celebrant and two witnesses are required. As marriage can’t be solemnized remotely through Skype or Zoom. The couple, 2 witnesses, and an authorized celebrant must be physically present at the same location.

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Is Online Marriage Acceptable in Australia for Partner Visa | Difference btw Online & Proxy Marriage

Proxy Marriage to Get Married in Australia

As getting married online Australia isn’t legal in Australia. Therefore, you can go for proxy marriage to get married to your Australian partner. The Federal Government of Australia allows proxy marriages in the country. Proxy marriages are the legal type of marriages performed by a third party on behalf of the bride or groom.

A proxy marriage is valid in Australia if the country where the marriage was solemnized recognizes it. According to Australian law, both parties must give consent in person.

Such instances require officers to ensure that:

Any country where marriage was solemnized must allow consent to be provided by a proxy.
Marriage must be solemnized according to that country’s law.
Both parties (bride and groom) gave real consent to the marriage

Proxy marriages are different from getting married online Australia. Many countries still don’t t allow proxy marriages. However, if your partner lives in Australia, then you’re lucky. As proxy marriages are allowed and legal in Australia. Due to the Covid-19 Pandemic, people can’t move out from Australia. So, proxy marriage is a great way to tie the knot with your partner.

Can I Apply for Prospective Marriage Visa Australia to Get Married?

Yes, you can apply for a Prospective Marriage Visa to marry your Australian partner. A Prospective Marriage Visa 300 allows you to marry your future spouse in Australia. It’s a temporary visa. You can stay for 9 to 15 months in Australia with a visa 300. You must get married to your partner within your stay period in Australia.

Your partner must be an Australian permanent resident or Australian citizen to sponsor you for visa 300. Applicants must be 18 years of age or above to apply for a Prospective Marriage Visa. If you want to make your application process easy for visa 300, you can book a consultation with us.

Visa 300 costs AUD 7,850. Visa applications can be made outside of Australia. You must intend to marry your partner before your visa 300 expires. Furthermore, you can study and work in Australia too with a Prospective Marriage Visa.

Can I Move to Australia after Getting Married on Visa 300?

You can migrate to Australia after getting married on visa 300. You can apply for a Partner Visa to live with your partner in Australia. Australia offers onshore Partner Visas (820 and 801) and offshore Partner Visas (309 and 100). You can apply for these visas according to your circumstances.

The Department of Home Affairs issues Partner Visas to spouses of Australian residents. Your partner must be an Australian permanent resident, Australian citizen, or an eligible citizen of New Zealand. He can sponsor you to apply for a Partner Visa in Australia. Partner Visa is a perfect way to move to Australia and live with your spouse/partner permanently.

Conclusion

Many people in a relationship with Australian residents want to tie a knot through online marriage. However, it’s not possible as it’s illegal getting married online Australia. Australia doesn’t allow online marriages.

As an alternate, you can go for a proxy marriage in Australia. We’ve elaborated the proxy marriage in this guide. If you need more help getting married to your Australian partner, feel free to connect with us.

Nasir Nawaz

I’m Nasir Nawaz. I’m a registered migration consultant in Australia. I am based in Sydney. I’ve studied Master of Laws at the University of New South Wales. I’m providing immigration services for several years.

Consult with me for legal advice on Australian visas to permanently live, study, and work in Australia.