THE AUSTRALIAN ADOPTION OF THE HAGUE CONVENTION ON CELEBRATION AND RECOGNITION OF THE VALIDITY OF MARRIAGES

Abstract

With the enactment last year of amendments to the Marriage Act 1961, Australia evinced the intention to give effect to the Hague Convention on Celebration and Recognition of the Validity of Marriages. That intention has now been perfected with the proclamation of the relevant sections of the Amendment Act. The Convention was an outcome of the Thirteenth Session of the Hague Conference of Private International Law held in the Hague from 4-23 October, 1976.3 (It replaces an earlier Convention of 1902 which had not been well-received4). This was the first of the Hague Conventions Australia signed and is the first it has legislatively implemented. The Convention relates to the celebration and recognition of marriages the parties to which have connections with more than one country i.e. marriages involving a foreign element such as to come within the sphere of private international law. A marriage may present a significant foreign element through, for example, being celebrated abroad, or involving parties either or both of whom may be citizens of, or resident or domiciled in, a foreign country.