Marriage In Australia

Currently in Australia, heterosexual couples are legally permitted to marry. Marriage is regulated by Federal Law contained in the Marriage Act 1961. Marriage, according to the Law in Australia, is the union of one man and one woman to the exclusion of all others, voluntarily entered into for life. The definition is based on the English case of Hyde v Hyde and Woodmansee 1866. The elements in the definition are; man and woman, exclusion of all others, voluntarily entered into and for life. ‘Man and a woman’ excludes the occurrence of a same-sex marriage. The second element, exclusion of all others, regards the union of only one man and one woman; otherwise it is a criminal offence. Some cultures around the world allow a man to marry more than one wife; however this is not in Australia. ‘Voluntarily entered into to’ is defined as freely entered into by both parties. The Marriage Act states that a

‘For life’ is the intention that marriage is a life commitment, however, the current divorce statistics suggest this requirement is out of date. For a marriage to be valid, certain requirements must be acquired. Both parties, the man and the woman, must be over the age of eighteen, documentation must be signed prior to the marriage, there must be two witnesses and an authorised celebrant. There are restrictions as to whom you are allowed to marry.

Legal Issues

The legal issues raised in the area of Law regarding marriage are in the definition, by using the term ‘man and woman’; the law prevents same-sex marriages from taking place. The concept of same-sex marriages is a controversial issue among current society, though a growing number of countries have legislated to recognise same-sex marriages. The first country to legislate was the