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Second marriages

How on earth can anybody get into trouble for marrying their spouse a second time? Anyway, why would you?

Second marriages usually occur when people marry each other overseas, including with ‘destination weddings’.

It is illegal for two people who are already legally married to each other, to marry each other again in Australia. If you are in doubt regarding the validity of your marriage, including if it is an overseas marriage, there is a process which you must go through before undergoing a second marriage in Australia. This includes you and your spouse providing a statutory declaration to the marriage celebrant, setting out the details of your prior marriage, with such statutory declaration having endorsed upon it, a certificate from a barrister or solicitor, setting out the barrister or solicitor’s opinion as to why the validity of the first marriage is doubtful.