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Govt supports gay marriage, but only overseas

user iconDigital 31 January 2012 NewLaw
Govt supports gay marriage, but only overseas

For the first time in Australia, the Federal Government has allowed Australians seeking to enter same-sex marriages overseas to apply for a Certificate of No Impediment to marriage, from 1 February.


 

The Certificate of No Impediment is required by some countries before foreign nationals are able to legally marry in that country. The certificate confirms there is no impediment to a person taking part in a marriage ceremony overseas and considers issues such as whether the person is over 18 or already married. 
 

“This important change will allow same-sex couples to take part in overseas marriage ceremonies, and be considered married according to the laws of that country,” said Attorney-General Nicola Roxon.
“This change means the certificates, which were previously only available to heterosexual couples, will now also be available to same-sex couples.”
 

Same-sex marriages conducted overseas are not recognised as a marriage in Australia, but may be evidence of a de facto relationship for the purposes of Commonwealth, State and Territory laws.
In 2009 the Government removed discrimination from 85 different laws to ensure equal treatment of same-sex couples in areas such as taxation, social security, health, aged care and superannuation.
 

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