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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 Essendon, Australia, like the rest of the country, is governed by the Marriage Act 1961 and the Family Law Act 1975. These laws refer to marriage as the union of two people, regardless of their sex or gender identity. To legally marry in Australia, both individuals have to be at least 18 years old. The marriage must also fulfil certain procedural requirements, including lodging a Notice of Intended Marriage (NOIM) at least one month prior to the proposed date of the marriage.
You might need a lawyer in the following situations: when you are planning a prenuptial agreement; during a separation or divorce process; when you are contesting child custody; or while negotiating property and financial settlements after divorce. A good marriage lawyer will guide you through the legal procedures and help protect your rights in these situations.
Local laws in Essendon regarding marriage mostly conform to national legislation. One unique aspect is that the Victoria state law requires marriage celebrants to register with the state if they are performing marriages, and the couple must receive a marriage license to marry in Essendon. The NOIM must be lodged with your registered marriage celebrant at least one month before the marriage.
Yes, under the law, marriage can invalidate existing wills so it is advisable to update your will after marriage.
No, you must be divorced before you can legally remarry. If you marry before your divorce is finalised, it could be void.
The process for applying for a divorce would typically involve filing an application for divorce to the Federal Circuit Court of Australia. Legal help is often beneficial in this complex process.
Divorce does not automatically divide property. Either you or your ex-partner can apply to the court to have your property and finances divided if you can't reach an agreement.
Under Australian law, the best interest of the child is paramount. Both parents are responsible for their child’s wellbeing. The court can issue orders about the parents' care arrangements for the children.
For further help and advice, you may refer to resources such as the Australian Government's Family Relationships Online Advice Line, Relationships Australia, and the Department of Human Services among others.
If you need legal assistance in matters related to marriage, consider contacting a family law lawyer in Essendon, who is experienced in addressing the specific legal needs of people in your situation. It is crucial to properly understand your legal rights and responsibilities to ensure a legally adequate course of action.
