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Browse our 2 legal questions about Marriage in Australia and the lawyer answers, or ask your own questions for free.
Marriage law in Adelaide, Australia is governed by the national Marriage Act 1961 and the Family Law Act 1975 which define marriage as 'the union of 2 people to the exclusion of all others, voluntarily entered into for life'. The law provides equal rights irrespective of sexual orientation. The minimum age to get married in Australia is 18 years, with exceptions under special circumstances.
Due to the complexities of marriage law, there are several situations where you may require a lawyer. These include prenuptial or De Facto relationships agreements, legal advice during separation or divorce proceedings, property settlements after a divorce, and legal support in case of domestic violence or child custody cases. It's essential to have expert legal help in these scenarios to ensure the protection of your rights and interests.
The marriage laws in Adelaide require a 'Notice of Intended Marriage' to be given to your celebrant at least one month before the marriage. The marriage must then be solemnised by an authorised celebrant, being a religious minister, a civil celebrant, or a state or territory officer. Consent must be free and full without any duress or fraud. Void marriages include those where the parties are in a prohibited relationship or where there is mistake as to the identity of a party or as to the nature of the ceremony performed.
1. What is a De Facto relationship?A De Facto relationship is when two individuals live together in a marriage-like arrangement, regardless of their gender.
2. Can I get a divorce easily in Adelaide?A divorce can be granted if the court is satisfied that the couple has been separated for at least 12 months and there is no likelihood of reconciliation.
3. Can I get married if I'm under 18?You can, with specific approval from a judge or magistrate's court, but only in exceptional and unusual cases.
4. Does the law protect me from domestic violence?Yes, there are legal protections in place for victims of domestic violence, including the ability to obtain a protection order.
5. How are assets divided after a divorce?Assets are usually divided based on both parties' contributions during the marriage, and the court considers what is just and equitable.
Those needing legal advice can refer to resources such as the Legal Services Commission of South Australia, which provides free legal services. The Family Court of Australia and the Australian Government Attorney-General's Department also provide resources and guides related to marriage law.
If you require legal help regarding marriage in Adelaide, it would be beneficial to seek advice from a local marriage lawyer. Gather relevant documents related to your matter before consulting, and clearly communicate your concerns and goals. Remember, early legal intervention can often make the process smoother and less stressful.
