36.5.1 Legal marriage
Under common law, 'spouse' is taken to mean two persons of the opposite sex who are legally married according to the laws of Australia.Marriages taking place overseas in accordance with the law of that country are generally recognised as legal marriages for the purposes of Australian law, subject to exceptions in relation to bigamy, prohibited relationships, and either spouse being under 16 years of age.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-36-minimum-payment-and-statutory-rates-s196-14/365-spouse-s191a/3651-legal-marriage