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Browse our 2 legal questions about Marriage in Australia and the lawyer answers, or ask your own questions for free.
In Hobart, Australia, as with the rest of the country, marriage is a legally recognized union between two people, including same-sex couples, as defined by the Marriage Act 1961. The minimum age for a valid marriage in Australia is 18 years old for both parties although those aged 16-17 can marry with parental or court approval.
There are numerous instances where legal advice could be beneficial. Legal counsel is often sought when prenuptial agreements or binding financial agreements are being considering. Additionally, if there are disputes related to marital property, child custody, spousal maintenance, or any other contentious issues that may arise during divorce proceedings, it is strongly recommended to seek legal representation.
Local laws govern various aspects of marriage in Hobart, starting from obtaining a marriage license to the dissolution of the union. For instance, before getting married, couples need to provide a month's notice using the Notice of Intended Marriage form. Couples also must engage a registered marriage celebrant to oversee the wedding. In the event of divorce, property settlement laws apply. These are complex, encompassing all properties owned by both parties (including those acquired before the marriage) to determine a fair division.
1. Can we get married immediately after submitting the Notice of Intended Marriage? No, there is a one-month notice period required before you can get married.
2. What do we need for the marriage license? You need to provide proof of identity, age, and evidence of the end of any previous marriages if applicable.
3. Can a marriage be annulled in Hobart? Yes, a marriage can be annulled under certain circumstances, such as if one party was forced or the marriage took place under fraudulent circumstances.
4. Who can serve as a witness to our marriage? You need two witnesses who are over the age of 18 at your wedding ceremony.
5. Who takes care of our financial agreement before/after marriage? A lawyer can help to draft a binding financial agreement (commonly known as a prenup or postnup agreement) to protect your individual rights and assets.
The Family Court of Australia and Australian Marriage Registrars are the main governmental bodies that deal with all matters related to marriage. You might also find it beneficial to consult with organisations such as Relationships Australia or the Family Relationship Advice Line for counselling or additional advice.
If you need legal assistance in marriage, start by identifying a reputable family lawyer specializing in marriage and divorce law. You may need to prepare all relevant documents, such as identification documents, asset details, and any existing prenuptial agreements. Remember, you have a right to seek legal advice that protects your best interests throughout the course of entering or dissolving a marriage.
