Same-sex marriage is fully legal in Queensland, giving same-sex couples the same rights as heterosexual couples. But when it comes to getting married, there’s more to it than just saying “I do.” Understanding the legal steps, paperwork, and what happens after the wedding is key to making the process smooth and stress-free.
This guide covers everything you need to know—from the legal requirements and documents you’ll need to wedding planning and post-marriage legal matters. Whether you’re a Queensland local or coming from overseas to tie the knot, we’ll walk you through each step so you know exactly what to expect.
Is Same-Sex Marriage Legal?
Same-sex marriage has been fully legal in Queensland (and the rest of Australia) since 9 December 2017. This came after a nationwide vote where 61.6% of Australians said “yes” to marriage equality.
The change in the Marriage Act 1961 (Cth) meant that marriage was no longer just between a man and a woman—it became the union of two people, regardless of gender.
For same-sex couples in Queensland, this was a huge step forward. It meant they could finally marry the person they love, with the same legal recognition and protections as any other couple.
Legal Requirements for Same-Sex Marriage in Queensland
To legally marry in Queensland (or anywhere in Australia), you must meet these federal requirements.
Who Can Legally Marry?
Couples must meet the following criteria:
- Both partners must be at least 18 years old (exceptions for 16–17-year-olds require court approval).
- Both partners must not be closely related (e.g., siblings, parent-child).
- Both partners must not be legally married to another person.
Required Documents
- Notice of Intended Marriage (NOIM) – Must be lodged at least one month before the wedding with an authorised celebrant.
- Valid identification – Such as passports or birth certificates.
- Proof of divorce – If previously married.
Choosing an Authorised Celebrant
You must marry before a registered celebrant, such as a civil celebrant or religious minister. For official legal requirements, visit the Australian Government Attorney-General’s Department website.
How to Register Same-Sex Marriage in Queensland
Once you’ve said “I do,” the final step is making sure your marriage is officially registered. In Queensland, this process is handled by Births, Deaths and Marriages Queensland (BDM Qld). Your celebrant will take care of most of the paperwork, but here’s what you need to know.
Steps to Register Your Marriage in Queensland
- Complete the Marriage Ceremony: Your wedding must be officiated by an authorised marriage celebrant. At least two witnesses over 18 years old must be present.
2️. Your Celebrant Submits the Paperwork: After the ceremony, your celebrant will lodge the signed marriage paperwork with BDM Qld within 14 days.
3️. Apply for Your Official Marriage Certificate (Optional, but often needed): While the celebrant registers the marriage, you must apply separately for an official marriage certificate if you need it for:
- Changing your last name
- Updating personal records (e.g., Centrelink, passports, banks)
- You can apply online through BDM Qld for a Marriage Certificate
- Receive Your Marriage Certificate: The standard processing time is usually 5–10 business days after approval. A priority service is available for urgent requests.
Once registered, your marriage is legally recognised across Australia and in many other countries.
If you need legal guidance on marriage registration, name changes, or post-marriage legal rights, VM Family Law is here to help. Call 07 3447 8966 or visit VM Family Law to speak with an experienced family law solicitor today.
Rights & Legal Benefits of Same-Sex Marriage in Queensland
Getting married isn’t just about celebrating love—it also comes with important legal rights and protections.
In Queensland, same-sex couples have the same legal benefits as heterosexual couples, covering everything from inheritance and financial matters to parenting rights and healthcare decisions.
Here’s what you need to know.
1. Equal Marriage Rights
- Same-sex marriage is recognised under the Marriage Act 1961 (Cth), ensuring equal legal standing in all aspects of married life.
- Overseas same-sex marriages are automatically recognised in Queensland.
2️. Parental & Family Law Rights
- Both partners in a same-sex marriage can be legally recognised as parents under the Status of Children Act 1978 (Qld) if a child is born through assisted reproductive technology (ART).
- Same-sex couples can legally adopt children under the Adoption Act 2009 (Qld).
- In case of separation, parenting arrangements and child custody are determined under the Family Law Act 1975 (Cth), just like for heterosexual couples.
3️. Inheritance & Estate Rights
- A legally married spouse has automatic inheritance rights under the Succession Act 1981 (Qld) if their partner dies without a will.
- Same-sex spouses can also contest a will if they were financially dependent on their partner.
4️. Financial & Social Security Benefits
- Same-sex married couples have the same access to Centrelink benefits as heterosexual couples, including:
- Family Tax Benefit (Part A & B)
- Parenting Payment
- Carer Payment & Allowance
- Rent Assistance
- When assessing income support payments, a same-sex couple’s combined income is taken into account, just like for any other married couple.
5️. Healthcare & Medical Decision-Making
- A same-sex spouse is automatically recognised as the next of kin, meaning they can:
- Make medical decisions if their partner is unable to.
- Access Medicare and private health insurance benefits as a married couple.
6️. Divorce & Separation Rights
- Same-sex married couples must follow the same divorce process as heterosexual couples under the Family Law Act 1975 (Cth).
- To apply for divorce, couples must prove they have been separated for at least 12 months.
These legal changes have ensured full equality for same-sex couples in Queensland, providing security in family, financial, and legal matters.
How VM Family Law Can Help
Marriage is a big milestone, but it also comes with important legal responsibilities. Whether you’re planning your wedding, starting a family, or need guidance on financial matters, having the right legal support can make all the difference.
VM Family Law specialises in helping same-sex couples navigate family law with confidence.
Why Choose VM Family Law?
- Expert Advice on Marriage & Legal Rights
- Compassionate Support for Parenting & Family Law Matters
- Estate Planning & Inheritance Protection
- Divorce & Separation Guidance
Need legal support? VM Family Law is here to help. Call 07 3447 8966 or visit VM Family Law to book a consultation today.
Frequently Asked Questions (FAQs)
How much does it cost to get married in Queensland?
Marriage celebrant fees start at $400, while wedding costs vary widely.
Can international same-sex couples marry in Queensland?
Yes, as long as both partners meet Australian legal requirements.
What if we need to postpone or cancel our wedding?
You must submit a new NOIM if rescheduling beyond 18 months.
Can a same-sex couple have a religious wedding ceremony?
Yes, but some religious institutions may not perform same-sex marriages.
How do same-sex couples handle parental responsibilities?
Same-sex parents can apply for parenting orders in the Family Court.
Are same-sex marriages recognised overseas?
Not all countries recognise Australian same-sex marriages. Check individual country’s laws.
Can a same-sex spouse receive Social Security benefits?
Yes, same-sex couples qualify for income support payments like Family Tax Benefit.
Final Thoughts
Marriage is a significant step, and for same-sex couples in Queensland, it comes with the same legal rights and protections as any other marriage. Whether you’re preparing for your wedding, starting a family, or thinking about your future together, understanding the legal side of things can help you make informed decisions with confidence.
If you have any questions about marriage laws, parental rights, financial agreements, or divorce, VM Family Law is here to provide clear and supportive legal guidance. Call 07 3447 8966 or visit VM Family Law to speak with an experienced family law solicitor today.
