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Do I break any laws if I am not truthful when getting married?

Relationships are based on trust, so it is always best to be truthful if you want your marriage to succeed, but as for the law, to answer your question, let’s look at the offences listed in section 11.3 OFFENCES RELEVANT TO COUPLES, from page 112 Guidelines on the Marriage Act 1961 for Marriage Celebrants – July 2014.

  • Section 94 (bigamy) – it is an offence for a person to marry a person while still married to some other person.
    • The penalty for contravention of section 94 is imprisonment for five years.
  • Section 95 – provides that it is an offence to go through a form or ceremony of marriage with a person who is not of marriageable age (unless all requirements concerning consents and judicial order are met).
    • The penalty for contravention of section 95 is imprisonment for five years.
  • Section 103 – provides that it is an offence for a person to go through a form or ceremony of marriage with another person knowing that the person solemnising the marriage is not authorised to do so, and having reason to believe that the other party to the marriage believes the person solemnising the marriage is authorised.
    • The penalty for contravention of section 103 is $500 or imprisonment for six months.
  • Section 104 – provides that it is an offence for a person to:
    • give a NOIM under section 42 or the declaration required under section 42 or
      • sign such notices after they have been given if,
    • to the knowledge of that person, the notice contains a false statement or error or is defective.
  • The penalty for contravention of section 104 is $500 or imprisonment for six months.

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3 Comments

  1. Arlene Talburt says:

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