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Browse our 2 legal questions about Marriage in Australia and the lawyer answers, or ask your own questions for free.
Australia recognises both marriages and de facto relationships. The Marriage Act 1961 provides the legal basis for marriage in Sydney, Australia. It states that marriage is the union of two individuals to the exclusion of all others, voluntarily entered into for life. It also recognises marriages performed overseas, provided they comply with the laws in the country where they were performed. The Family Law Act 1975 establishes the law relating to children and divorce.
Individuals often seek legal advice for a variety of marriage-related issues. These may include understanding the legal implications of getting married, pre-nuptial or post-nuptial agreements, spouse visa applications, or resolving disputes in the event of a separation or divorce. A lawyer can provide you with valuable legal advice, protect your rights, and represent your best interests in court.
In Sydney, you 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. The marriage must be consensual and both parties must be free to marry. Same-sex marriage is legal. Marriages must be officiated by a registered celebrant and both parties must provide at least one month's notice of their intention to marry. In the event of a divorce, issues such as property division, child custody, and spousal maintenance are dealt with under the Family Law Act 1975.
1. Can I get married overseas and have my marriage recognised in Sydney? Yes, overseas marriages are generally recognised in Australia if they were valid in the country where they took place and they don't breach the Marriage Act 1961.
2. Can I get married in Sydney if I'm under 18 years old? In general, you must be at least 18 years old to get married. In some cases, a court may approve a marriage where one party is aged between 16 and 18, but under no circumstances can a child under 16 legally marry in Sydney.
3. What are my rights if my spouse and I separate? Following a separation or divorce, laws are in place to ensure fair distribution of assets, spousal maintenance, and matters related to child custody and support. The exact division will depend on your circumstances.
4. What's the difference between a de facto relationship and marriage? A de facto relationship is a relationship where two individuals live together on a genuine domestic basis. The Family Law Act gives certain legal protections to de facto partners similar to those given to married couples.
5. I'm in a same-sex relationship. Can I get married in Sydney? Yes, same-sex marriage became legal in Australia in 2017.
The Australian Government provides resources that can be helpful for someone needing legal advice on marriage. These include the Attorney-General’s Department website, which has information on family law and marriage; and the Family Court of Australia, which provides resources on family disputes, divorce and children’s matters. Legal Aid NSW also offer free services including legal advice, assistance and referrals.
If you require legal assistance regarding marriage in Sydney, consider seeking advice from a lawyer specialising in family law. They can provide you with tailored advice to suit your specific circumstances. Alternatively, contact Legal Aid NSW or a community legal centre for free advice and assistance.
