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Mr McClure founder of UPMART has previously acted as marriage celebrant for couples to marry at Common Law.
They were able to have a beautiful and memorable ceremony and they are still happily married today as far as I know.
Any person who has previously attended a Common Law Course or Step 1 Seminar is eligible for this as a free service from Upmart. Couples who want to be married by Mr McClure consider it an honour to be married by the founder of Upmart. The fact is that if a couple are married under State law in Australia and got married after 1961 they are most likely married pursuant to the federal Marriage Act 1961,
Couples who marry under the Marriage Act are also bound by many other laws which are:
Familly Law Act 1975
Crimes Act 1914
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)
Witness Protection Act 1994
Administrative Appeals Trubunal Act 1975
Statutory Declarations Act 1959
Consular Fees Act 1955
Marriage Amendment Act 1976;
Marriage Amendment Act 1985
Marriage Amendment Act 2002 (No. 77, 2002)
This would be true unless the couple:
- married in another country and therefor married under different rules,
- married in Australia in accordance with common law rules.
Many couples in recent times are marrying pursuant to the common law. The choice to do so has many advantages over a State marriage. Common Law Marriages is available for free from Upmart and with a nicely bound Marriage Certificate. The couples who have married at common law by Mr McClure have the extra bonus of knowing that the State does not own any children born into that marriage.
It’s no longer only Australia aborigines who choose to marry at common law. Non-aborigines also see the advantage in a common law marriage and see it as a real option as well as Aboriginal community. We can all enjoy the freedom and why shouldn’t we? A Common Law Marriage also provides protection from many problems associated with the Marriage Act 1961.
OTHER ACTS LINKED WITH THE MARRIAGE ACT 1961
Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions
Marriage Act 1961 12, 1961 6 May 1961 Ss. 1–3, 5(1) and 9, Part III (ss.
22–24), Part VIII (ss. 107–110) and s. 120: 6 May 1961
Remainder: 1 Sept 1963 (see Gazette 1963, p. 1977)
Statute Law Revision (Decimal Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 —
Marriage Act 1973 35, 1973 27 May 1973 1 July 1973 (see Gazette 1973, No. 70, p. 3) Ss. 8(2) and 12(2)
Statute Law Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9(1) and 10
Marriage Amendment Act 1976 209, 1976 20 Dec 1976 Ss. 1, 2 and 30: Royal Assent
Ss. 14 and 31: 1 July 1976
Remainder: 20 June 1977
(see Gazette 1977, No. S93) Ss. 2(4), 14(2), 15(2), 23(2) and 30
Domicile (Consequential Amendments) Act 1982 2, 1982 4 Mar 1982 1 July 1982 (see
s. 2 and Gazette 1982, No. G26,
p. 2) —
Marriage Amendment Act 1985 7, 1985 29 Mar 1985 Ss. 4, 10–13 and 23: 7 Apr 1986 (see Gazette 1986, No. S153)
Remainder: 26 Apr 1985 Ss. 8(2), (3) and 25(2)
Statute Law (Miscellaneous Provisions) Act 1988 38, 1988 3 June 1988 S. 3: Royal Assent (a) —
Law and Justice Legislation Amendment Act 1990 115, 1990 21 Dec 1990 S. 49: Royal Assent (b) —
Sex Discrimination Amendment Act 1991 71, 1991 25 June 1991 Part 3 (ss. 11–17): 1 Aug 1991 (c) Ss. 3 and 17
Territories Law Reform Act 1992 104, 1992 30 June 1992 S. 24: 1 July 1992 (d) —
Witness Protection Act 1994 124, 1994 18 Oct 1994 18 Apr 1995 —
Family Law Reform (Consequential Amendments) Act 1995 140, 1995 12 Dec 1995 Schedule 1 (Part 7): 11 June 1996 (see s. 2(4) and Gazette 1996, No. GN5) (e) —
Statute Law Revision Act 1996 43, 1996 25 Oct 1996 Schedule 5 (item 79): Royal Assent (f) —
Law and Justice Legislation Amendment Act 1999 125, 1999 13 Oct 1999 Schedule 13: Royal Assent (g) —
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 137, 2000 24 Nov 2000 Ss. 1–3 and Schedule 1 (items 1, 4, 6, 7, 9–11, 32): Royal Assent
Remainder: 24 May 2001 Sch. 2 (items 418, 419) [see Table A]
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 24, 2001 6 Apr 2001 S. 4(1), (2) and Schedule 34: (h) S. 4(1) and (2) [see Table A]
Marriage Amendment Act 2002 77, 2002 8 Oct 2002 Schedule 2 (items 1–14,
16–56): 5 Nov 2002
Schedule 2 (item 15): 8 Apr 2003
Schedule 1: 1 Sept 2003 (see Gazette 2003, No. GN31)
Remainder: Royal Assent Sch. 1 (item 27) and Sch. 2 (items 5, 10, 17) [see Table A]
(a) The Marriage Act 1961 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(b) The Marriage Act 1961 was amended by section 49 only of the Law and Justice Legislation Amendment Act 1990, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(c) The Marriage Act 1961 was amended by Part 3 (sections 11–17) only of the Sex Discrimination Act 1991, subsection 2(1) of which provides as follows:
(1) Part 1, sections 4, 7 and 8, Parts 3 and 4 and the Schedule commence on 1 August 1991.
(d) The Marriage Act 1961 was amended by section 24 only of the Territories Law Reform Act 1992, subsection 2(3) of which provides as follows:
(3) The remaining provisions of this Act commence on 1 July 1992.
(e) The Marriage Act 1961 was amended by Schedule 1 (Part 7) by the Family Law Reform (Consequential Amendments) Act 1995, subsection 2(4) of which provides as follows:
(4) The amendments made by Part 7 of Schedule 1 commence on the commencement of section 5 of the Family Law Reform Act 1995.
(f) The Marriage Act 1961 was amended by Schedule 5 (item 79) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(g) The Marriage Act 1961 was amended by Schedule 13 only of the Law and Justice Legislation Amendment Act 1999, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(h) The Marriage Act 1961 was amended by Schedule 34 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:
(1) Subject to this section, this Act commences at the later of the following times:
(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;
Item 15 commenced on 24 May 2001
The protections are at common law and are of a Common Law Marriage and they are blatantly real. Couples who realize what they have signed when married by the State are considering a State divorce to free themselves from the binding State laws. They are then able to re-marry pursuant to Common Law.
Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions
Marriage Act 1961 12, 1961 6 May 1961 Ss. 1–3, 5(1) and 9, Part III (ss.
22–24), Part VIII (ss. 107–110) and s. 120: 6 May 1961
Remainder: 1 Sept 1963 (see Gazette 1963, p. 1977)
Statute Law Revision (Decimal Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 —
Marriage Act 1973 35, 1973 27 May 1973 1 July 1973 (see Gazette 1973, No. 70, p. 3) Ss. 8(2) and 12(2)
Statute Law Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9(1) and 10
Marriage Amendment Act 1976 209, 1976 20 Dec 1976 Ss. 1, 2 and 30: Royal Assent
Ss. 14 and 31: 1 July 1976
Remainder: 20 June 1977
(see Gazette 1977, No. S93) Ss. 2(4), 14(2), 15(2), 23(2) and 30
Domicile (Consequential Amendments) Act 1982 2, 1982 4 Mar 1982 1 July 1982 (see
s. 2 and Gazette 1982, No. G26,
p. 2) —
Marriage Amendment Act 1985 7, 1985 29 Mar 1985 Ss. 4, 10–13 and 23: 7 Apr 1986 (see Gazette 1986, No. S153)
Remainder: 26 Apr 1985 Ss. 8(2), (3) and 25(2)
Statute Law (Miscellaneous Provisions) Act 1988 38, 1988 3 June 1988 S. 3: Royal Assent (a) —
Law and Justice Legislation Amendment Act 1990 115, 1990 21 Dec 1990 S. 49: Royal Assent (b) —
Sex Discrimination Amendment Act 1991 71, 1991 25 June 1991 Part 3 (ss. 11–17): 1 Aug 1991 (c) Ss. 3 and 17
Territories Law Reform Act 1992 104, 1992 30 June 1992 S. 24: 1 July 1992 (d) —
Witness Protection Act 1994 124, 1994 18 Oct 1994 18 Apr 1995 —
Family Law Reform (Consequential Amendments) Act 1995 140, 1995 12 Dec 1995 Schedule 1 (Part 7): 11 June 1996 (see s. 2(4) and Gazette 1996, No. GN5) (e) —
Statute Law Revision Act 1996 43, 1996 25 Oct 1996 Schedule 5 (item 79): Royal Assent (f) —
Law and Justice Legislation Amendment Act 1999 125, 1999 13 Oct 1999 Schedule 13: Royal Assent (g) —
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 137, 2000 24 Nov 2000 Ss. 1–3 and Schedule 1 (items 1, 4, 6, 7, 9–11, 32): Royal Assent
Remainder: 24 May 2001 Sch. 2 (items 418, 419) [see Table A]
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 24, 2001 6 Apr 2001 S. 4(1), (2) and Schedule 34: (h) S. 4(1) and (2) [see Table A]
Marriage Amendment Act 2002 77, 2002 8 Oct 2002 Schedule 2 (items 1–14,
16–56): 5 Nov 2002
Schedule 2 (item 15): 8 Apr 2003
Schedule 1: 1 Sept 2003 (see Gazette 2003, No. GN31)
Remainder: Royal Assent Sch. 1 (item 27) and Sch. 2 (items 5, 10, 17) [see Table A]
(a) The Marriage Act 1961 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(b) The Marriage Act 1961 was amended by section 49 only of the Law and Justice Legislation Amendment Act 1990, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(c) The Marriage Act 1961 was amended by Part 3 (sections 11–17) only of the Sex Discrimination Act 1991, subsection 2(1) of which provides as follows:
(1) Part 1, sections 4, 7 and 8, Parts 3 and 4 and the Schedule commence on 1 August 1991.
(d) The Marriage Act 1961 was amended by section 24 only of the Territories Law Reform Act 1992, subsection 2(3) of which provides as follows:
(3) The remaining provisions of this Act commence on 1 July 1992.
(e) The Marriage Act 1961 was amended by Schedule 1 (Part 7) by the Family Law Reform (Consequential Amendments) Act 1995, subsection 2(4) of which provides as follows:
(4) The amendments made by Part 7 of Schedule 1 commence on the commencement of section 5 of the Family Law Reform Act 1995.
(f) The Marriage Act 1961 was amended by Schedule 5 (item 79) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(g) The Marriage Act 1961 was amended by Schedule 13 only of the Law and Justice Legislation Amendment Act 1999, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(h) The Marriage Act 1961 was amended by Schedule 34 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:
(1) Subject to this section, this Act commences at the later of the following times:
(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;
Item 15 commenced on 24 May 2001
Whilst the initiatives of Upmart are pioneering and progressive the members, are by nature generally, conservatively thinkers. couples seeking to be married under common law need to attend a seminar so that they have certain knowledge by understanding the foundation of common law before being married and also before being permitted to use the many other initiatives that Upmart has on offer.
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