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A marriage must be entered into with the full consent of both parties, and it is an offence to force someone to marry them or another person, by the use of coercion, threat or deception, and whether in Australia or abroad.

Full consent assumes a mental capacity to understand the nature of a marriage.

The application to the court must be filed by a parent.

For many years, courts have refused to accept a minor's pregnancy as a pressing consideration in deciding whether to allow an early marriage. Until 1991, the marriage age was 16 for females and 18 for males, but a female 14 or 15 years (wanting to marry a male aged 18 or above) or a male 16 or 17 years (wanting to marry a female aged 16 or above) could apply to the court for permission to marry.

When marriages are entered into, whether in Australia or elsewhere, for the purpose of enabling the non-citizen to obtain an Australian visa to enter or stay in Australia, Australian authorities may investigate whether such a marriage is a sham. Such behaviour also carries a possible 10 year jail sentence.

Nevertheless, this does not effect the validity of the marriage itself.

A Notice of Intended Marriage is required to be lodged with the chosen marriage celebrant at least one month before the wedding.

There is no citizenship or residency requirement for marriage in Australia, so that casual visitors can lawfully marry in Australia, provided that a domestic marriage celebrant is employed, the requisite notice given, and other domestic requirements satisfied.

Marriage at a young age was most often associated with pregnancy prior to marriage.

A person who goes through a marriage ceremony in Australia when still legally married to another person, whether under Australian law or a law of another country, commits an offence of bigamy, which is subject to a maximum 5 years imprisonment, The 2004 Act also expressly declared same-sex marriages entered into abroad were not to be recognised in Australia.

Most marriages in Australia are solemnised by civil celebrants.

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