Alternative Forms of Recognition of Aboriginal Traditional Marriages

241. Four Different Approaches. There are, broadly, four ways in which Australian law could recognise traditional marriages[39]

  • recognition as de facto relationships;

  • enforcement of customary marriage rules;

  • categorical recognition as ‘marriage’; or

  • functional recognition.

These, which might be cumulative or alternative, will be dealt with in turn.

[39]For different meanings of ‘recognition’ generally see para 199-206.