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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 Murwillumbah, Australia, falls under the jurisdiction of federal law, specifically, the Marriage Act 1961 and the Family Law Act 1975. These laws define marriage as 'the union of 2 people to the exclusion of all others, voluntarily entered into for life'. Both same-sex and opposite-sex marriages are recognised in Australia. The law specifies that the individuals must be at least 18 years old to get married unless a court has approved a marriage where one party is aged between 16 and 18.
While many marriages proceed smoothly, there can be legal complications pertaining to prenuptial agreements, marriage validity, separation, and divorce. A lawyer may be required to handle complex matters like asset division, child custody and support, and drafting legally binding agreements. Furthermore, if one partner is a foreigner there might be additional legal complexities surrounding immigration and visa status that require expert legal advice.
In Murwillumbah, as elsewhere in Australia, the marriage law is governed by federal laws. However, there can be local variations in the implementation of these laws and associated processes. For instance, local authorities or courts will handle the registration of marriages and certain matters relating to divorce or family disputes. Importantly, if there are children involved in a marriage separation case, Australian law emphasizes the rights of the child to have a meaningful relationship with both parents.
To get married in Australia, you need to lodge a Notice of Intended Marriage at least a month before the wedding date with an authorised marriage celebrant. For this, you'll need valid identification and proof that any previous marriage has ended (for example, divorce or death certificate).
Yes, prenuptial agreements, known more commonly as 'financial agreements' in Australia, can be made before, during or after a marriage. They can cover matters such as property settlement, financial support, and any other incidental issues. It's highly advised to seek legal help while drafting these agreements to ensure they are legally valid.
Australia follows a 'no-fault' divorce system. This means the only ground for divorce is the irretrievable breakdown of marriage, demonstrated by a separation of at least one year and one day.
In Australia, the law prioritises the best interests of the child. Usually, it's seen as beneficial for the child to have a relationship with both parents. Factors like the child's relationship with each parent, future effects of any changes, and the ability of each parent to provide for the child's needs are considered.
Property division isn't automatically 50-50 in Australian law. Instead, the court considers factors like contribution during the marriage, future needs, and the overall fairness of the outcome.
For more information or legal advice about marriage, separation, and divorce, consider contacting the Family Court of Australia. Family Relationship Centres, available throughout Australia, are also useful resources providing free information and advice about family separation issues.
If you need legal assistance, considering contacting a local lawyer who specialises in family law. Remember that lawyer's fees can vary widely, so it may be beneficial to research and compare prices before making a decision.
