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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 Melbourne, Australia operates within the scope of the Commonwealth Marriage Act 1961 and several regional statutes. This law covers the nuances of marriage from initial requirements to the dissolution of marriage. The law also includes specifics related to matrimonial property, child custody and support, and even post-divorce matters. Marriage can be performed by a minister of religion, a state-appointed marriage celebrant, or a qualified judge.
Legal advice may be required in various stages of a marriage. From the drafting and execution of prenuptial and postnuptial agreements to legal representation during a divorce, a marriage lawyer can offer valuable guidance. Lawyers can significantly help in issues related to marital estate, superannuation, liquidation, and division of assets. Issues related to child custody, visitation rights, and alimonies are better managed with legal assistance.
The Marriage Act 1961 outlines the minimum age for marriage as 18 years for both sexes. However, in certain circumstances, a person aged between 16 and 18 can marry with the approval of a judge or magistrate. The couple should not be closely related and must freely consent to the marriage. The law doesn't discriminate on the basis of sex, sexual orientation, and gender identity. Divorce law stipulates a minimum separation period of 12 months, and both fault and no-fault divorces are recognized.
1. What are the grounds for divorce?The sole ground for divorce in Australia is the irretrievable breakdown of the relationship, demonstrated by a 12-month separation.
2. Are prenuptial agreements legally binding?Yes, prenuptial agreements, also known as Binding Financial Agreements, can be legally binding, but certain requirements must be met.
3. How are marital assets divided after a divorce?The division is determined considering the direct financial contributions of each spouse, indirect financial contributions, non-financial contributions, and future requirements.
4. Are same-sex marriages legal in Melbourne?Yes, as of 2017, same-sex marriages are legal across Australia.
5. Can I change my name after marriage?Yes, you can choose to keep your own name or adopt your partner's surname. It's optional and not a legal requirement.
For additional help, you might consider the Victoria Legal Aid, the Family Court of Australia, the Commonwealth Courts, or the Australian Government Attorney-General's Department. These organisations can often provide useful resources and assistance in matters of marriage law.
If you require legal assistance with marriage, it could be beneficial to first consult with a family law attorney. Prior to consultation, jot down all your specific questions and important points related to your case. In case of divorce, be ready with all necessary documents including marriage certificates, financial records and others. Lastly, always remember, professional advice can make the legal proceedings much smoother and stress-free.
