Section 113 Second marriage ceremonies

Second marriage ceremonies

Section 113 Second marriage ceremonies

(1) Except in accordance with this section:

(a) persons who are already legally married to each other shall not, in Australia or under Part V, go through a form or ceremony of marriage with each other; and

(b) a person who is authorised by this Act to solemnise marriages shall not purport to solemnise a marriage in Australia or under Part V between persons who inform the first-mentioned person that they are already legally married to each other or whom the first-mentioned person knows or has reason to believe to be already legally married to each other.

(5) Nothing in this Act shall be taken to prevent 2 persons who are already legally married to each other from going through a religious ceremony of marriage with each other in Australia where those persons have:

(a) produced to the person by whom or in whose presence the ceremony is to be performed a certificate of their existing marriage; and

(b) furnished to that person a statement in writing, signed by them and witnessed by that person, that:

(i) they have previously gone through a form or ceremony of marriage with each other;

(ii) they are the parties mentioned in the certificate of marriage produced with the statement; and

(iii) they have no reason to believe that they are not legally married to each other or, if their marriage took place outside Australia, they have no reason to believe that it would not be recognised as valid in Australia.

(6) The provisions of sections 42, 44, 50 and 51 do not apply to or in relation to a religious ceremony of marriage in accordance with subsection (5) and the person by whom, or in whose presence, the ceremony is performed shall not:

(a) prepare or issue in respect of it any certificate of marriage under or referring to this Act; or

(b) issue any other document to the parties in respect of the ceremony unless the parties are described in the document as being already legally married to each other.

(7) A person who is not an authorised celebrant does not commit an offence against section 101 by reason only of his or her having performed a religious ceremony of marriage between parties who have complied with the requirements of subsection (5) of this section.