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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 Rockingham, Australia is underpinned by the federal Marriage Act 1961. This law defines marriage as a union between two people, regardless of their sex. A marriage is legally recognised if it's conducted by an authorized celebrant in accordance with the prescribed rules. The legal age for marriage is 18, however, in certain cases, a person aged 16 or 17 can marry someone who is 18 or older with a court's approval.
There are several situations where you may need a lawyer's assistance with marriage law. If you're involved in a complex prenuptial agreement, dealing with divorce proceedings, or marital property division issues, a lawyer can provide vital assistance. Furthermore, legal advice is critical when the marriage involves children, particularly with regard to custody disputes. And lastly, if you or your partner is under 18 and seeking to get married, you will undoubtedly need the expertise of a lawyer to navigate the court application process.
In Rockingham, alongside the national Marriage Act 1961, there are other state laws you should be aware of. The Family Court Act 1997 governs matters related to marriage dissolution, child custody, and property disputes in Western Australia. Meanwhile, the Law Reform (Decriminalization of Sodomy) Act 1989 ensures the rights and equal treatment of LGBTQ+ marriages. These local laws, among others, ensure that all aspects of marriage – from prenuptial agreements to final divorce proceedings – are fairly and thoroughly regulated.
Yes, as long as the marriage was lawful in the country it took place, Australia generally recognises foreign marriages. However, certain conditions must be met for a foreign marriage to be recognised in Australia.
You must apply to the Family Court of Western Australia for a divorce. You or your spouse must be an Australian citizen by birth, descent, or by grant of Australian citizenship, and at least one party must reside in Australia for a minimum of 12 months.
Divorce does not automatically grant property division. You will need to make a property agreement or apply for court orders for property settlement.
Yes, they are known as Binding Financial Agreements in Australia and can be set up before, during, or after a marriage.
If you wish to take your spouse's name after marriage, Australian organisations accept the marriage certificate issued by the authority conducting the marriage as sufficient evidence to change the record of your name.
The Family Court of Western Australia's website provides extensive information on marriage, divorce, property disputes, and more. Similarly, the Australian Government's Attorney-General's Department has a wealth of resources related to family and marriage law. Lastly, community legal centre like the Northern Suburbs Community Legal Centre can offer additional assistance on localized issues.
If you require legal assistance, your first step should be to seek advice from a legal professional experienced in marriage law. In many cases, a consultation can clarify your options and provide a roadmap of what to anticipate. You should gather all relevant documents such as prenuptial agreements, marriage certificates, and financial records, before your appointment. Take note of any questions or concerns you have so you can alsodiscuss them during the consultation.
