Is It Legal to Marry Your Uncle in Australia

„Learning that someone is able to marry their uncle or cousin was very shocking given that same-sex marriage was not legalized until recently,“ Helena said. Because the rules in Australia, which can marry who, are actually a bit lenient. The guidelines of the Marriage Act 1961 for celebrities state: „An uncle may marry his niece and an aunt may marry his nephew“ and „Cousins may marry“. In some countries, it is illegal to marry a first cousin, but not in Australia. Some communities in Australia have a much higher rate of first cousins than others because they believe there are cultural, family, social, religious and financial benefits in practice. A Queensland man accused of incest with his niece has overturned his conviction after arguing he had the legal right to marry her. Have you caught yourself wondering if something is legal or not? Let us know and maybe we can do it in our next Is It Legal? Characteristic. But in July last year, he received a legal opinion that the convictions should be challenged on the grounds that at the time of the offense, the charge in the penal code did not apply to „carnal relations between persons having the right to be legally married.“ Such marriages are traditionally illegal in Islamic societies and are considered forbidden by Islam. [12] About a quarter of the variable material is shared by uncles, aunts, nieces and nephews. In societies adhering to the Jewish or Christian faith, such marriages were sometimes permitted.

The Talmud and Maimonides encouraged marriages between uncles and nieces, although some of the earliest Jewish religious communities, such as the Sadducees, believed that such unions were forbidden by the Torah. [11] Among medieval and especially modern Christians, marriage between a woman and the brother or sister of one of the parents was not always interpreted as a violation of Leviticus 18; this was particularly the case among the royal houses of Europe, and in Catholic countries a papal dispensation could be obtained to permit such a marriage. Now, you might think that marrying a first-degree cousin looks like a genocide of the gene pool, because any child born of the union would be prone to birth defects. If you did biology in high school, your teacher may have explained that you need variety in a child`s DNA composition to reduce the likelihood of hereditary diseases. Because if you and your cousin both have a faulty gene, your child will most likely get it. „It was common in European history for cousins to marry. Just look at the royal lines. I bet your readers who are legally and voluntarily married to a parent — a common thing in many cultures — will feel fantastic when you write about their „scary borderline“ connection. Did you know that it is legal to marry your cousin in Australia? Do you know someone who has married a parent? It was a Thursday morning when Helena*, Mamamia`s employee, walked into the office and said she could marry her uncle.

Whether or not you agree with the morals and science behind marrying a first cousin, we`re only interested in the legal aspects of the topic here. As long as you are not forced to marry a relative, if you really want to marry your sweet cousin, this is your legal and personal prerogative. It`s also perfectly acceptable to marry your adoptive sibling or half-sibling until you`ve been adopted by the adults who raised you. The Marriage Act 1961 (Cth) provides that a person may marry if he: You also can`t marry a child you`ve adopted (would you want to be another Woody Allen anyway?). But Australian law allows you to marry a cousin, niece or nephew and even an aunt or uncle. The Arabs had discovered that marriage between cousins was a bad idea, but Muhammad changed that by marrying his first cousin. Islam allows and encourages marriage between cousins. When I was a young girl living in Hong Kong, my parents told me that I could marry my first cousin as long as they didn`t have the same last name. Just to be clear, they didn`t encourage it at all, and given that my mom`s side in the family was vulnerable to girls, I didn`t really have many options in terms of suitable cousins. But legally, my parents are right: in Hong Kong, you can marry a first cousin who has a different surname. While it may not be acceptable to some, did you know that in many states in Australia it is legal to marry your first cousin? „Under the 1961 Marriage Act, [cousins] can marry,“ Beryl Schahinger of Genealogy SA told ABC Radio Adelaide`s Afternoons.

A person over the age of 16 but under the age of 18 may marry, but only with the consent of his or her parents, a person concerned or a judge or judge (sections 12 and 13 of the Marriage Act). If a child needs parental consent, avunculate marriages were important in the House of Habsburg. For example, Charles II of Spain was the son of an uncle and niece, Philip IV and Marianne of Austria; In turn, both of Philip`s parents (and thus both maternal grandparents) were the children of uncle-niece marriages, one of which also produced Mariana`s paternal grandfather. As a result, Charles` parents, grandparents, great-grandparents and great-great-grandparents numbered only 30 different people, but only 23. Currently, it is practiced mainly in rural areas and small and medium-sized cities. The most common form is when the eldest daughter is married to the youngest uncle on her mother`s side. [13] The marriage is usually referred to as Mama Kalyanam (Thai Mama Kalyanam in Tamil Nadu). It was culturally preferable for at least one girl to be married to an uncle. This is widely used as a plot tool in many South Indian films such as Thaamirabharani[14] and Thai Maaman. [15] A marriage is not valid if the parties are in a „prohibited relationship“ (section 23B(1)(b) of the Marriage Act).

A prohibited relationship is a relationship between a sibling (including half-blood) or between a person and an ancestor (i.e. a parent or grandparent) or descendant (i.e., a child or grandchild). For an adopted child, these rules apply to both his or her adoptive family and his or her biological family. It is not illegal for cousins to marry. A marriage between parties in a prohibited relationship is null and void. Nor can a woman marry her grandfather, father, brother or half-brother, son or grandson. Isn`t it true that the more you marry first cousins, the more genetic defects get worse, so if it is only from time to time it is not so serious, if it is consistent, then you get the European royal families . „And I never thought it would be good to marry your mother`s or father`s siblings.“ It does not exclude nieces or nephews from marrying aunts or uncles. A marriage is void (i.e.

legally, the marriage never took place) if one or both parties are already legally married to another person at the time of marriage (section 23 of the Marriage Act). This is known as „bigamy“, an offence punishable by up to seven years` imprisonment (Section 360 of the Penal Code (Qld) Act 1899). If a bigamous marriage has been concluded, one or both parties may apply to the court for a judgment annulling the marriage. „I didn`t know that Australian laws allowed this kind of marriage. I mean, you hear stories of people marrying their cousins — but I didn`t think it was a real thing,“ Helena said. You can also marry your niece or nephew, aunt or uncle,“ Shahinger said. Throughout history, people from different cultures have taken the phrase „keeping him in the family“ to the extreme by marrying their own parents.