Marriage in Australia: We’ve come a long way

A history of marriage in Australia

In Australia, prior to the arrival of European settlers, marriage in Aboriginal culture was arranged for tribal and cultural reasons.  According to Dr Diane Bell of the Australian National University, “perhaps the most important difference between Aboriginal marriage patterns and those of white Australia is that the marriage is not seen as a contract between individuals but rather as one which implicates both kin and country. [i][1]

When the European settlers arrived in Australia, they brought with them the laws and customs of Europe, including marriages being conducted by religious leaders.  Although there were still customary marriages conducted, this soon became the norm and was the only way for couples to be legally married.

The Marriage Act 1961 defined marriage in Australia as between a man and a woman.  It did not recognise traditional Aboriginal ceremonies.

Wedding ceremonies continued to be performed by religious leaders or in the government’s registry office up until civil celebrancy was introduced by then Commonwealth Attorney General Lionel Murphy in 1973.  Mr Murphy wished for civil celebrancy to be culturally enriching and as meaningful and respectful as religious ceremonies.  He wanted all people to have access to this type of ceremony, especially those who could not or did not wish to have a religious ceremony.  The civil celebrant was to be registered and was to provide a professional service.  On 19 July 1973, Mr Murphy appointed the first civil celebrant, Lois D’Arcy.  This was controversial at the time as Ms D’Arcy was relatively young and female.  Mr Murphy went on to appoint many women, young people and Aboriginal and Torres Strait Islander people as civil celebrants.

In 2017, after a sometimes difficult and divisive postal survey, the Marriage Act 1961 was updated on 9 December 2017 to allow for marriage equality.  The Act now defines marriage as 'the union of 2 people to the exclusion of all others, voluntarily entered into for life'. 

While many people are still married in a religious ceremony, the majority of marriages in Australia are now performed by a civil celebrant.  “In 1902, almost all marriages (97%) were performed by ministers of religion. However, by 2000, for the first time there were more marriages performed by civil celebrants than by ministers of religion. By 2017, 78% of marriages were performed by civil celebrants.” [2]

While there will always be a place for religious ceremonies, civil ceremonies are now the preferred choice for couples marrying in Australia and include and respect Aboriginal culture and marriage equality.

[1] Australian Institute of Family Studies – “Marriage rates in Australia” 2021

  https://aifs.gov.au/facts-and-figures/marriage-rates-australia

[2] Australian Law Reform Commission

  Bell, ‘Re Charlie Jackamarra Limbiari’ (1984) 

  Recognition of Aboriginal Customary Laws (ALRC Report 31)