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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 Mount Waverley, Australia is under the jurisdiction of the Commonwealth of Australia, as outlined in the Marriage Act 1961 and the Family Law Act 1975. These laws apply all across Australia, irrespective of the state or territory. By law, a marriage is recognized when two people, regardless of their gender, voluntarily enter into a lifelong contract. This contract is recognized in front of a recognized celebrant or religious official, who is responsible for ensuring that the legal obligations are met.
Engaging a lawyer may be necessary in certain situations related to marriage. Instances like drafting prenuptial or postnuptial agreements, handling legal aspects related to separation or divorce, resolving property and financial disputes, child custody arrangements, and annulment of a marriage may require professional legal advice.
In Mount Waverley, and throughout Australia, it is required that both parties intending to marry are at least 18 years old. There are also strict rules regarding relationships – marriages between close relatives or those already in another marriage are prohibited. Individuals looking to marry must give a month's notice to the celebrant before the ceremony. A key aspect to remember is that while Australian law recognizes marriages conducted overseas, it may not recognize divorces or annulments conducted beyond its borders. Collaborative law processes are frequently used to resolve issues related to separation and divorce in a dignified and respectful way.
To get married, you must lodge a Notice of Intended Marriage form with an authorised celebrant at least one month before the planned ceremony date. This celebrant can be a minister of religion, a state and territory officer, or a marriage celebrant registered with the Australian Government.
Prenuptial agreements, known as Binding Financial Agreements under the Family Law Act 1975, are legally binding contracts that outline the division of assets in case of a marriage breakdown. They are enforceable provided they comply with requirements outlined under Australian family law, including independent legal advice for both parties.
Yes, as long as you or your partner are an Australian citizen, live in Australia and regard it as your permanent home, or have lived in Australia for at least 12 months before filing for divorce, you can apply for a divorce in Australia.
After filing for divorce, there is a minimum mandatory waiting period of at least one month and one day in Australia.
Australian Family Law prioritises the best interests of the child, considering factors such as the child's relationship with each parent, the willingness of each parent to facilitate the child’s relationship with the other parent, and any views expressed by the child, subject to age and maturity of the child.
The Family Court of Australia and the Federal Circuit Court of Australia are the main bodies that deal with family law matters. The Australian Government's Attorney-General Department provides resources about family law system in Australia. The Law Institute of Victoria can guide you to legal services and resources in the Mount Waverley area.
If you require legal assistance, it is recommended that you seek help from a legal professional specialized in marriage law. You can contact a law firm, or consult the Law Institute of Victoria for a list of accredited specialists in family law, who will guide you based on your individual circumstances.
