What's Love Got to Do With It?

Recently, after watching Wuthering Heights (which we weirdly loved, for the record) and observing the multiple 19th century marriages forged for convenience, status, or sheer stubbornness rather than affection, we found ourselves pondering the question: when it comes to marriage… what’s love got to do with it?

As family lawyers, we see the full spectrum of relationships, those built on deep affection, those built on shared practicalities, and those that leave you asking how the couple ever agreed to have dinner together, let alone enter into marriage. Which, naturally, brings us to the law itself. And here’s the thing:

Under Australian law, love is not a requirement for a valid marriage. Literally, love has NOTHING to do with it, legally speaking.

So what is required?

The Marriage Act 1961 (Cth) sets out the essential requirements for a valid marriage.

1. Age

Both parties must be at least 18 years old (section 11).

In limited circumstances, a court can authorise a marriage where one party is aged 16 or 17 years, but this is strictly controlled (section 12).

2. Free and voluntary consent

A marriage is only valid if both parties give real consent (section 23B).

That means no coercion, no mistaken identity and no misunderstanding about what you’re actually agreeing to.

3. Not already married

To put it simply: you can only be married to one person at a time (section 23B(1)(b)).

4. Proper formalities

This includes giving the Notice of Intended Marriage, using authorised celebrants and saying the required words (sections 41–46).

Legal paperwork may not be glamorous, but it is essential.

What’s missing from this list?

Love.

Romance.

Butterflies.

The happily ever after montage.

None of them appear anywhere in the Act.

This isn’t to say love isn’t important (and as family lawyers, we absolutely believe it is), but the law takes a deliberately neutral stance. Its job isn’t to assess emotional readiness or relationship quality, it simply ensures that marriages are entered into legally and voluntarily.

Can a marriage succeed without love?

Depending on your definition of “success,” perhaps.

Plenty of marriages, historically and even today, are built on partnership, practicality, shared goals, cultural or family expectations, or companionship. And they may be very successful and meet the goals of both parties. Meaning, a marriage based on mutual consent, respect, and compliance with the Act is just as valid as one born of an epic love story. Though arguably, fewer brooding Heathcliff monologues is a win for everyone.

Final Thoughts

As family lawyers, we see relationships in all their complexity. And while the law doesn’t insist on love, we know that love, its presence, absence or transformation often shapes the path a couple takes.

So next time you watch a period drama filled with dramatic, loveless unions, remember:

In Australia, love may not be a legal requirement, but it often plays a starring role in real life.

If you’d like advice about your own relationship or marriage (Wuthering Heights level drama or otherwise), our team is here to help.