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In colonial New South Wales marriage was often an arrangement of convenience. For female convicts marriage was a way of escaping incarceration and land leases were denied to those who were unmarried.<ref name="mmm">{{cite book |title=Men Mateship Marriage |last=Edgar |first=Don |year=2012 |publisher=HarperCollins Australia |isbn=0730496589 |url=https://books.google.com/books?id=dremmTj4fTkC |accessdate=3 August 2013}}</ref>
In colonial New South Wales marriage was often an arrangement of convenience. For female convicts marriage was a way of escaping incarceration and land leases were denied to those who were unmarried.<ref name="mmm">{{cite book |title=Men Mateship Marriage |last=Edgar |first=Don |year=2012 |publisher=HarperCollins Australia |isbn=0730496589 |url=https://books.google.com/books?id=dremmTj4fTkC |accessdate=3 August 2013}}</ref>


The ''[[Marriage Act 1961 (Australia)|Marriage Act 1961]]'' was the first federal law on the matter and set uniform Australia-wide rules for recognition and solemnisation of marriages. Prior to 1961, the states and territories administered their own [[marriage law]]s. The ''Commonwealth Family Law Act of 1975'' made it easier to divorce and removed the concept of fault, requiring only a twelve-month period of partners' separation.<ref name="cca"/>
Until 1961, each Australian state and territory administered its own [[marriage law]]s. The ''[[Marriage Act 1961 (Australia)|Marriage Act 1961]]'' (Cth) was the first federal law on the matter and set uniform Australia-wide rules for recognition and solemnisation of marriages. The ''Commonwealth Family Law Act of 1975'' made it easier to divorce and removed the concept of fault, requiring only a twelve-month period of partners' separation.<ref name="cca"/>


The 1970s saw a significant rise in the [[divorce]] rate in Australia.<ref name="saec"/> A change in social attitudes from divorce being only acceptable if there were severe problems towards divorce being acceptable if that is the preference of the partners is attributed to this change.<ref name="mare">{{cite book |title=Marriage and Relationship Education: What Works and How to Provide It |last=Halford |first=W. Kim |year=2011 |publisher=Guilford Press |isbn1609181573= |page=13 |url=https://books.google.com/books?id=VJpXAlcItKUC |accessdate=3 August 2013}}</ref>
The 1970s saw a significant rise in the [[divorce]] rate in Australia.<ref name="saec"/> A change in social attitudes from divorce being only acceptable if there were severe problems towards divorce being acceptable if that is the preference of the partners is attributed to this change.<ref name="mare">{{cite book |title=Marriage and Relationship Education: What Works and How to Provide It |last=Halford |first=W. Kim |year=2011 |publisher=Guilford Press |isbn1609181573= |page=13 |url=https://books.google.com/books?id=VJpXAlcItKUC |accessdate=3 August 2013}}</ref>
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In 2004, the Liberal [[Howard Government]] enacted the ''Marriage Amendment Act 2004'' to expressly ban same-sex marriages being performed within Australia. Until the enactment of the 2004 Amendment, there was no definition in the 1961 Act of "marriage", and the [[common law]] definition used in the English case ''[[Hyde v Hyde]]'' (1866) was taken as applicable.<ref>Hyde v. Hyde and Woodmansee [http://www.uniset.ca/other/ths/LR1PD130.html {L.R.} 1 P. & D. 130].</ref> The definition pronounced by Lord Penzance in the case was: "I conceive that marriage, as understood in Christendom, may for this purpose be defined as the voluntary union for life of one man and one woman, to the exclusion of all others".<ref>[http://webdb.lse.ac.uk/gender/Casefinaldetail.asp?id=1&pageno=4 ''Hyde v Hyde'' casenote].</ref> The 2004 Amendment also bans the recognition of same-sex marriages performed in a foreign country.<ref>The 2004 Amendment inserted 88EA "Certain unions are not marriages" into the 1961 Act.</ref>
In 2004, the Liberal [[Howard Government]] enacted the ''Marriage Amendment Act 2004'' to expressly ban same-sex marriages being performed within Australia. Until the enactment of the 2004 Amendment, there was no definition in the 1961 Act of "marriage", and the [[common law]] definition used in the English case ''[[Hyde v Hyde]]'' (1866) was taken as applicable.<ref>Hyde v. Hyde and Woodmansee [http://www.uniset.ca/other/ths/LR1PD130.html {L.R.} 1 P. & D. 130].</ref> The definition pronounced by Lord Penzance in the case was: "I conceive that marriage, as understood in Christendom, may for this purpose be defined as the voluntary union for life of one man and one woman, to the exclusion of all others".<ref>[http://webdb.lse.ac.uk/gender/Casefinaldetail.asp?id=1&pageno=4 ''Hyde v Hyde'' casenote].</ref> The 2004 Amendment also bans the recognition of same-sex marriages performed in a foreign country.<ref>The 2004 Amendment inserted 88EA "Certain unions are not marriages" into the 1961 Act.</ref>


Since 2009, Australia has recognised [[de facto relationship]]s of any gender for the purpose of the ''[[Family Law Act 1975]]''.
In 2009, the Labor [[Rudd Government]] enacted the ''[[Family Law Act 2009 (Australia)|Family Law Act 2009]]'' which recognised the property rights of each partner of a [[de facto relationship]], including a same-sex relationship, for the purposes of the ''[[Family Law Act 1975]]''.


The 2014 ''Marriage Amendment (Celebrant Administration and Fees) Act'' amended the ''Marriage Act 1961'' in relation to celebrants, and for other purposes.<ref>https://www.legislation.gov.au/Details/C2014A00025</ref>
The 2014 ''Marriage Amendment (Celebrant Administration and Fees) Act'' amended the ''Marriage Act 1961'' in relation to celebrants, and for other purposes.<ref>https://www.legislation.gov.au/Details/C2014A00025</ref>

Revision as of 22:15, 21 August 2017

Married people as a percentage of the over-15-year-old population in Australia, subdivided by statistical local area, according to the 2011 census
Marriage and divorce rates in Australia from 1901 to 2005

As was the case for other western countries marriage in Australia for most of the 20th century was done early and near-universally, particularly in the period after World War II to the early 1970s. Marriage at a young age was most often associated with pregnancy prior to marriage.[1]

Marriage was once seen as necessary for couples who cohabited. While such an experience for some couples did exist, mostly because it is hard to detect, it was relatively uncommon up until the 1950s in much of the western world.[2] If both partners are under the age of 18, marriage in Australia is not permitted. In ‘exceptional circumstances’ the marriage of persons under 18 but over 16 may be authorised by a court.

The official registration of marriage is the responsibility of each state and territory.[3] A Notice of Intended Marriage is required to be lodged with the chosen celebrant.[4]

According to a 2008 Relationships Australia survey love, companionship and signifying a lifelong commitment were the top reasons for marriage.[5]

History

Signing the marriage register, 1945

In colonial New South Wales marriage was often an arrangement of convenience. For female convicts marriage was a way of escaping incarceration and land leases were denied to those who were unmarried.[6]

Until 1961, each Australian state and territory administered its own marriage laws. The Marriage Act 1961 (Cth) was the first federal law on the matter and set uniform Australia-wide rules for recognition and solemnisation of marriages. The Commonwealth Family Law Act of 1975 made it easier to divorce and removed the concept of fault, requiring only a twelve-month period of partners' separation.[7]

The 1970s saw a significant rise in the divorce rate in Australia.[1] A change in social attitudes from divorce being only acceptable if there were severe problems towards divorce being acceptable if that is the preference of the partners is attributed to this change.[8]

In 2004, the Liberal Howard Government enacted the Marriage Amendment Act 2004 to expressly ban same-sex marriages being performed within Australia. Until the enactment of the 2004 Amendment, there was no definition in the 1961 Act of "marriage", and the common law definition used in the English case Hyde v Hyde (1866) was taken as applicable.[9] The definition pronounced by Lord Penzance in the case was: "I conceive that marriage, as understood in Christendom, may for this purpose be defined as the voluntary union for life of one man and one woman, to the exclusion of all others".[10] The 2004 Amendment also bans the recognition of same-sex marriages performed in a foreign country.[11]

In 2009, the Labor Rudd Government enacted the Family Law Act 2009 which recognised the property rights of each partner of a de facto relationship, including a same-sex relationship, for the purposes of the Family Law Act 1975.

The 2014 Marriage Amendment (Celebrant Administration and Fees) Act amended the Marriage Act 1961 in relation to celebrants, and for other purposes.[12]

Social change

In 2009, the Australian Bureau of Statistics notes that "The proportion of adults living with a partner has declined during the last two decades, from 65% in 1986, to 61% in 2006". The proportion of Australians who are married fell from 62% to 52% over the same period.[13]

Common-law marriages have increased significantly in recent decades from 4% to 9% between 1986 and 2006.[13] It is often a prelude to marriage and reflects the shift to attain financial independence before having children.[14] In 2015, 81.0% of all those marrying had been living together.[15]

Since 1999, civil celebrants have overseen the majority of marriages. In 2015, 74.9% of marriages were solemnised by a civil celebrant.[16]

The Commonwealth Public Service placed a bar on employment of married women meaning that married women could only be employed as temporary staff. Any female employee was required to resign upon marrying. This bar restricted female promotion opportunities. This bar was lifted in 1966.[17]

In 1971, more than three quarters of women surveyed placed being a mother before their career. By 1991 this figure had dropped to one quarter.[7] By the 1980s the trend towards a delay of first marriage in Australia was evident. In 1989, more than one woman in five had not married by the age of 30.[1]

Divorce in Australia

The crude divorce rate was 2.0 divorces per 1,000 estimated resident population in 2014 and 2015, down from 2.1 in 2013. The median duration from marriage to divorce in 2015 was 12.1 years with a median age at divorce for males was 45.3 years of age and the median age of females was 42.7 years of age.[15]

Same-sex marriage

See also: Recognition of same-sex unions in Australia; History of same-sex marriage in Australia; and Australian survey, 2017 (Marriage)

The Marriage Amendment Act 2004 defined, for the first time by statute, marriage as "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life."[18][19] The 2011 Census, recorded 33,700 same-sex couples in Australia. 17,600 were male same-sex couples and 16,100 were female same-sex couples. Same-sex couples represented about 1% of all couples in Australia.[20]

Same-sex marriage is not permitted in Australia. Since 2004 there have been 16 attempts to have same-sex marriage introduced.[21]

In 2009, the Australian Government included de facto couples of any gender, under the Family Law Act 1975.[22] This allowed de facto couples of any gender, the same property rights as married couples.[23]

Same-sex couples have access to domestic partnership registries in New South Wales, Tasmania, South Australia and Victoria. Civil partnerships are performed in Queensland. Civil unions are performed in the Australian Capital Territory.

Western Australia and the Northern Territory do not offer recognition of civil unions, civil partnerships or a relationship register, but do recognise the unregistered cohabitation of de facto couples under their laws.

See also

References

  1. ^ a b c McDonald, P. (1992). "The 1980s: Social and Economic Change Affecting Families". In Jagtenberg, Tom; D'Alton, Phillip (eds.). Four Dimensional Social Space. Pymble, Sydney: Harper Educational Publishers. pp. 126–128. ISBN 0063121271.
  2. ^ Thornton, Arland; William G. Axinn; Yu Xie (2008). Marriage and Cohabitation. University of Chicago Press. p. 72. ISBN 0226798682. Retrieved 3 August 2013.
  3. ^ "Births, deaths and marriages – Fact sheet 89". National Archives of Australia. Retrieved 3 August 2013.
  4. ^ "Your Legal Obligations". Australian Marriage Celebrants. Retrieved 3 August 2013.
  5. ^ "Why do people get married?". Relationships Australia. Retrieved 3 August 2013.
  6. ^ Edgar, Don (2012). Men Mateship Marriage. HarperCollins Australia. ISBN 0730496589. Retrieved 3 August 2013.
  7. ^ a b Clancy, Laurie (2004). Culture and Customs of Australia. Greenwood Publishing Group. pp. 57–58. ISBN 0313321698. Retrieved 3 August 2013.
  8. ^ Halford, W. Kim (2011). Marriage and Relationship Education: What Works and How to Provide It. Guilford Press. p. 13. Retrieved 3 August 2013. {{cite book}}: Cite has empty unknown parameter: |isbn1609181573= (help)
  9. ^ Hyde v. Hyde and Woodmansee {L.R.} 1 P. & D. 130.
  10. ^ Hyde v Hyde casenote.
  11. ^ The 2004 Amendment inserted 88EA "Certain unions are not marriages" into the 1961 Act.
  12. ^ https://www.legislation.gov.au/Details/C2014A00025
  13. ^ a b http://www.abs.gov.au/AUSSTATS/[email protected]/Lookup/4102.0Main+Features20March%202009
  14. ^ Uhlmann, Allon J. (2006). Family, Gender and Kinship in Australia: The Social and Cultural Logic of Practice and Subjectivity. Ashgate Publishing. p. 31. ISBN 0754680266. Retrieved 3 August 2013.
  15. ^ a b http://www.abs.gov.au/ausstats/[email protected]/mf/3310.0
  16. ^ "Marriages and Divorces, Australia, 2015". Australian Bureau of Statistics. ABS. 30 Nov 2015. Retrieved 30 November 2015.
  17. ^ http://timeline.awava.org.au/archives/264
  18. ^ "Marriage Amendment Act 2004". comlaw.gov.au.
  19. ^ "Marriage Amendment Act 2004". comlaw.gov.au.
  20. ^ http://www.abs.gov.au/AUSSTATS/[email protected]/Lookup/4102.0Main+Features10July+2013
  21. ^ "Cory Bernardi and Penny Wong debate same-sex marriage at National Press Club". NewsComAu.
  22. ^ "The History Of Family Law In Australia |". historycooperative.org. Retrieved 2016-09-23.
  23. ^ "FAMILY LAW ACT 1975 - SECT 4AA De facto relationships". www.austlii.edu.au. Retrieved 2016-09-23.

External links

Wikimedia Commons has media related to Marriage in Australia.
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