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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 in Launceston, Australia is governed by national laws under the Marriage Act 1961 and the Family Law Act 1975, regulated by federal rather than state or territory bodies. These laws include regulations on who can marry, how a marriage ceremony should be conducted, and how marriages can be annulled or divorced.
Several situations related to marriage may need legal assistance. These involve matters relating to prenuptial agreements, separation, divorce proceedings, property settlements, and custody disputes. Also, any legal complications regarding immigration connected to marriage may require legal guidance. A lawyer can educate you on your rights, responsibilities, and the necessary steps to take in your circumstance.
Under Australian law, to be legally married, both parties must freely consent to the marriage, must be at least 18 years old, and should not be closely related. Same-sex marriages are also recognised. Registered marriage celebrants, religious celebrants or state court judges usually perform the marriage ceremony in the presence of two witnesses. In case of divorce, the Family Law Act 1975 establishes the principle of no-fault divorce, meaning that court does not consider why the marriage ended. The only requirement is the relationship has broken down irretrievably.
1. Who can marry in Australia? Anyone aged 18 or over can marry in Australia, regardless of their nationality or gender, as long as they're not closely related to their intended spouse and are free to marry.
2. Can I get married quickly in Launceston, Australia? A Notice of Intended Marriage must be given to the celebrant at least one month before the wedding. So, you cannot get married quickly without providing the required notice.
3. What is a prenuptial agreement and do I need one? A prenuptial agreement, or a binding financial agreement in Australia, can protect each party's assets in case of divorce. As to whether you need one, it highly depends on your individual circumstances, which a lawyer can help evaluate.
4. How are property and assets divided in a divorce? There's no set rule on how assets must be divided. Instead, the Family Law Act provides for a just and equitable distribution of property, which may not necessarily mean equal.
5. How are disputes over child custody resolved? In most cases, parents are encouraged to reach a mutual agreement regarding children's issues. However, if an agreement isn't possible, either can apply to the Family Court or Federal Circuit Court for orders.
The Family Court of Australia and Federal Circuit Court of Australia provide a variety of resources related to marriage, divorce, and family law. The Australian Government’s Attorney-General's Department also provides information and guides about marriage laws and regulations.
If you require legal assistance relating to marriage in Launceston, Australia, the first step would be to consult with a family law attorney. The attorney would be able to advise on your situation, help you understand your rights, and guide you through any necessary legal processes.
