Is an Overseas Marriage Legal in Australia? The Certificate You Don't Get
When is an overseas marriage recognised in Australia?
According to the NSW Government, your overseas marriage will usually be recognised if:
it was legally recognised in the country where it happened, and
it would have been legal if it had happened in Australia, and
you registered it in that country and have evidence, like a marriage certificate.
When isn't it recognised?
It won't be recognised if, at the time of the marriage:
one of you was already married
one of you was under the legal age
you were too closely related
someone didn't really consent, for example because of pressure, fraud, a mistake about who they were marrying, or not understanding what the ceremony was.
If you're unsure, get legal advice.
What you don't get if you marry overseas
This is the part most couples don't find out until they're home.
The first two points apply wherever you marry overseas. We've used Italy for the details, because it's where many Australian couples look first. Other countries have their own versions of each step.
1. No Australian marriage certificate
Your only certificate will be the Italian one. For it to count here, the Australian Embassy in Rome recommends getting an Apostille put on it at the Prefettura in the Italian city where you married. That's an official stamp that makes it valid overseas. The Embassy warns appointments can be hard to get from May to September.
2. A harder name change
In NSW, you can't take your Italian certificate to change your surname. You'll need to apply for an official change of name through NSW Births, Deaths and Marriages. As of September 2026, it costs $203 with standard processing (up to 5 weeks online) or $233 for priority (up to 3 weeks online). A change of name certificate is another $70.
Couples who marry in Australia can use their Australian marriage certificate to update their name instead.
3. Translations
Your certificate will be in Italian. Some organisations may ask for an official English translation.
Marrying overseas vs marrying at home
Recognised in Australia? Married in Italy: usually. Married at home, ceremony in Italy: yes.
Registered in Australia? Married in Italy: no. Married at home: yes.
Australian marriage certificate? Married in Italy: no. Married at home: yes.
Changing your surname in NSW. Married in Italy: official change of name. Married at home: use your marriage certificate.
Apostille needed? Married in Italy: recommended. Married at home: no.
Translation needed? Married in Italy: possibly. Married at home: no.
How to avoid all of this
Do the legal ceremony in Australia, before or after your trip. It can be short and simple, with just two witnesses. Then your ceremony overseas is symbolic, and the certificate you bring home is Australian.
Read Marry at Home, Celebrate in Europe: How It Works, Step by Step.
About the author
Izzy is an authorised Australian marriage celebrant (Hitched by Hazell) and one half of Lovefool Elopements in Newcastle, NSW. She does legal ceremonies at home for couples having their wedding in Italy, France or anywhere in Europe. Izzy and Emily have worked together for years and have married many couples.