Congratulations, you have found your soul mate! While you are already very busy with the costly preparations, there is a crucial step not to be missed: the administrative formalities… Several imperative steps for French nationals; we have detailed them below:
Australian union
The first step is to choose a celebrant. You are spoiled for choice on the Internet. Make sure, however, that it is entered in the civil status registers of your state. He can be secular or religious. Celebrants are paid and their rates can vary widely depending on the type of ceremony you want. From 300 to 100,000 dollars! The average is between $ 800 and $ 1,500. Getting married at the town hall is possible ( Registry Office ); you will nevertheless have to pay at least $ 344 in Brisbane, $ 433 in Sydney, $ 320 in Melbourne, $ 204 in Perth. The city of Hobart no longer offers this possibility.
Australian law does not impose any place for the official ceremony. In other words, you are free to get married anywhere! Whether in your dining room, your favorite park (subject to authorization from the town hall managing said park), or your place of worship, everything is possible.
Whether you are in a relationship with an Australian, French, or another citizen, certain conditions must be met for your union to be legal. Note that since December 2017, same-sex marriage has been recognized by Australian law.
You must :
- not already be married;
- not have a direct or collateral relationship with your partner;
- be at least 18 years old;
- understand the meaning of marriage and freely consent to it;
- complete a Notice of Intended Marriage and give it to your officiant at least one month before the date of your marriage;
- recite aloud a consent form required by Australian law during the ceremony – in front of your officiant and two witnesses.
After the ceremony, your officiant must declare your marriage to the Registry of births, deaths, and marriages within 14 days. You will be able to obtain a marriage certificate, necessary for many administrative formalities. The standard size costs $ 48.20 in the state of Queensland, $ 58 in New South Wales, $ 33 in Victoria, $ 49 in Western Australia, $ 53.98 in Tasmania.
Getting married at the Consulate General of France in Sydney
In Australia, you can get married at the Consulate General of France in Sydney as long as your partner also has French nationality and neither of you holds Australian citizenship. Before your wedding, you must submit a ban publication file to the consulate (mandatory step). The consulate details precisely the necessary documents on its site. It is imperative to submit your complete file at least six weeks before the desired date of the wedding.
Once the banns have been published, you will obtain a certificate of legal capacity to marry (CCAM). When the marriage has been celebrated and registered by the French diplomatic authority, it is automatically recognized in France. A French marriage certificate and a family record book will be given to you.
Register your marriage with the French civil registry
Since March 1, 2007, whether you marry a French, Australian, or another city, it is compulsory for all French nationals who plan to marry before the Australian authorities to request the publication of the banns and the issuance of a certificate of capacity to marriage ( CCAM). The issuance of this certificate is linked to the constitution of an administrative file, to the hearing of the spouses (if it proves necessary), and to the compulsory publication of the banns.
This formality, which precedes the celebration of the marriage before the foreign authorities, consists of the posting of your marriage plan on the premises of the consulate. The request for publication of the banns must be sent by post to the Consulate General of France, at the latest 6 weeks before the planned date of the wedding. After ten clear days of posting and receipt of the certificate of non-opposition, the consulate will issue you your CCAM. It is strongly recommended to start these steps three months before your D-day.
Once the marriage has been celebrated by the Australian authorities, you will have to request a transcription (mandatory) for your marriage to be enforceable against third parties in France. The transcribed act becomes, in fact, necessary so that the spouses can take advantage of their quality of spouse, in France, towards persons other than themselves and their children. A French marriage certificate and a family record book will be given to you.
This step has the merit of facilitating administrative procedures, such as declaring your children in French civil registers or obtaining a residence visa for your foreign spouse if you return to France.
The question of the matrimonial regime
The Australian matrimonial regime is based on separation of property with compensation in the event of divorce, that is to say, a possibility of sharing the property acquired during the marriage by either spouse based on equity. . In other words, whether you married an Australian or a French and you reside in Australia, you are subject to the applicable legal regime of the country which is the separation of property.
It is possible to obtain a prenuptial contract under certain conditions strictly set out in the Family Law Act (1975). However, there is some degree of uncertainty regarding its applicability. It is essential to consult specialists in Australian law who can assess whether or not a marriage contract is necessary.