Certificate of no impediment now available to same-sex couples

Family & Relationship Law eBulletin - 27 January 2012

It will soon be easier for same sex Australian couples to take part in overseas marriage ceremonies.

On 27 January, the Federal Government announced that same-sex Australian couples who wish to get married overseas will be able to apply for a certificate of no impediment from 1 February, 2012.

Some overseas countries require heterosexual or same-sex couples who wish to marry there to produce a certificate of no impediment. The certificate confirms that there is no legal reason why the couple can't get married.

Previously, certificates of no impediment were only issued to heterosexual couples.

Jodylee Bartal, a senior associate in Lander & Rogers' Family & Relationship Law group said, "This is an exciting development for same-sex couples in that they can now choose to be married overseas, where that country's law allows for same-sex marriage. However, couples should be aware that same-sex marriages are still not legally recognised in Australia."

Applications for the certificate can be made from 1 February, 2012.

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Further information

Craig Henderson | Partner
+61 3 9269 9105
Jodylee Bartal | Senior Associate
+61 3 9269 9463

All information on this site is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific legal professional advice. No responsibility for the loss occasioned to any person acting on or refraining from action as a result of any material published can be accepted.

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