You are the spouse of another person if you are in a marriage that is legally valid in Australia, and:
- you both have a mutual commitment to a shared life as spouses to the exclusion of all others
- the marriage relationship is genuine and continuing
- you live with the other person or do not live separately and apart on a permanent basis.
To find out if your marriage is valid under Australian law, contact the agency for births, deaths and marriages in your state or territory.