Under Australian law, to be legally married a person must understand what marriage means and freely consent, as established in which case?

• A. R v Smith
• B. Re Australian ABC
• C. Di Mento v Visalli [1973]
• D. Mabo v Queensland

Answer: (C)

In Australian law, a valid marriage requires real, informed consent from both parties. That means each person must understand what marriage means and freely agree to it, rather than being misled, coerced, or unable to appreciate the nature of the commitment. Di Mento v Visalli [1973] states this clearly: if a party does not understand the meaning of marriage or their consent is not freely given, the marriage may be invalid. This sets the standard that genuine understanding and voluntary agreement are essential for marriage to be legally recognized.

The other cases listed don’t address this requirement. For example, Mabo v Queensland deals with native title, and R v Smith covers a criminal matter, while Re Australian ABC involves a different area of law.