What’s the Legal Status of Gay Marriage in Australia?

Picture this: it’s December 2017. After decades of advocacy, campaigning, protests, debates, and that iconic postal survey in which 2/3 of Australians who were eligible to vote said ‘yes’ and the Australian Parliament passed a historic law that changed everything.

The Marriage Amendment (Definition and Religious Freedoms) Act 2017 amended the Marriage Act to define marriage as “the union of two people” (regardless of gender). Same-sex couples could finally marry and have their unions legally recognised across Australia.

That means that since 9 December 2017, love has won – legally.

Same-sex couples have the same rights and protections as heterosexual (aka straight) couples when it comes to marriage, family law, property, and more.

Here’s what legal recognition really means under Australian law:

Marriage Is equal for everyone

Same-sex couples have the same legal right to marry as straight couples – no loopholes, no exclusions.

Rights and protections are the same

Marriage brings more than a party and a dress budget:

• Property rights
• Superannuation and financial benefits
• Inheritance and estate rights
• Parental and family law recognition

All of these flow equally to same-sex couples.

Divorce and family law

Same-sex couples separate under the same Family Law Act 1975 rules as everyone else: no-fault divorce, 12-month separation requirements, shared property settlement possibilities, and so on.

Now for the around-the-world twist:

Can foreigners marry in Australia?

Yes! Australia allows non-citizens to marry here provided they meet the standard legal requirements — such as lodging a Notice of Intended Marriage with an authorised celebrant at least one month before the ceremony and having valid identification.

That means you could be planning your destination wedding in Melbourne, Sydney, or Byron Bay, even if your home country doesn’t recognise same-sex marriage.

What if you’re already married overseas?

Great news: Australia recognises same-sex marriages performed overseas — as long as they were legally valid where they occurred.

This used to be a confusing area of law; the 2017 amendment made it clear that foreign same-sex marriages count here too. So no need to remarry (unless you want to for the party, of course).

If your home country doesn’t legally recognise same-sex marriage, that’s a separate issue tied to that country’s law – not Australia’s. Australia still recognises a legally performed marriage here. ✨

That said, when you return home, the legal recognition of your relationship will depend on your own country’s laws and policies. (Always check local requirements if you’re planning to move or want legal status back home.) 💡

For many same-sex couples – whether Australian or from overseas – marriage is more than a celebratory speech and a first dance. It’s:

• legal validation of your relationship
• access to rights and protections on equal footing
• recognition within family, work, and government systems

It’s both deeply personal and dramatically political – and Australia’s legal framework now supports that equality.

Whether you’re a local couple saying “I do” in Fitzroy or St Kilda, or an international duo choosing Melbourne as your love destination, the legal heart of your marriage beats the same:

Your love is equal. Your marriage is legal. Your life together is valued.

And if you want a celebrant who gets both the law and the glitter? That’s where I come in. Check me out and let’s chat: Contact Bronte Price and Book an appointment 

Q. Is same-sex marriage legal in Australia?

Yes – it has been legal since December 2017.

Q. Are overseas same-sex marriages recognised in Australia?

Yes – Australia recognises legal marriages that have been conducted abroad.

Q. Can international couples marry in Australia?

Absolutely – with the same marriage procedures as everyone else who gets married in Australia.

Q. Does this affect visas or immigration?

Different laws apply – for visa pathways and Australian residency, consult a migration expert – for example, a migration agent or a migration lawyer.

Q. If we come to Australia to get married, can we get married again in our home country?

You can only be legally married once at a time. You can have a ‘wedding’ celebration or a renewal of vows ceremony in your home country, but it’s illegal to be part of a legal marriage ceremony in your home country, when you’ve already got married in Australia.

Q. If we come to Australia to get married, can we register our marriage in our home country?

If you get married in Australia, your marriage will be registered in the Australian state or territory where you got married. The marriage can not be registered in your home country – but it can be recognised there