Simone Peterson & Elizabeth O’Shea on impediments to Australian same-sex couples marrying overseas:

Same-sex marriageThe recent passage of law permitting same-sex marriage in New York was greeted with celebrations by advocates and allies all around the world. But for Australian same-sex couples living overseas, there are still some significant hurdles to marriage thanks to the Federal Government.

The difficulties for same-sex couples go beyond domestic law. In most foreign jurisdictions, Australians can only marry if they provide the authorities with a document called a Certificate of No Impediment to Marriage (CNI). A CNI demonstrates that the Australian person intending to marry overseas is not already married in Australia, is of marriageable age and is not closely related to their intended spouse. CNIs are not a requirement of Australian law; they are issued at the request of overseas countries.

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