Commonwealth Consolidated Acts

MARRIAGE ACT 1961 - SECT 88C

             (1)  This Part applies to and in relation to every marriage solemnized, whether before or after the commencement of this Part, in a foreign country where:

                     (a)  under the local law, the marriage was, at the time when it was solemnized, recognized as valid; or

                     (b)  if the marriage was solemnized by or in the presence of a diplomatic or consular officer of another foreign country:

                              (i)  under the law of that other foreign country, the marriage was, at the time when it was solemnized, recognized as valid; and

                             (ii)  at the time when it was solemnized, the solemnization of the marriage was not prohibited by the local law.

             (2)  Where a marriage (not being a marriage referred to in subsection (1)) that was solemnized, whether before or after the commencement of this Part, in a foreign country:

                     (a)  is, at any time in relation to which the validity of the marriage falls to be determined, recognized as valid under the local law; or

                     (b)  if the marriage was solemnized by or in the presence of a diplomatic or consular officer of another foreign country and, at the time when it was solemnized, the solemnization of the marriage was not prohibited by the local law—is, at any time in relation to which the validity of the marriage falls to be determined, recognized as valid under the law of that other foreign country;

this Part applies to and in relation to the marriage from and including that time.