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Browse our 2 legal questions about Marriage in Australia and the lawyer answers, or ask your own questions for free.
In Thebarton, as in the rest of Australia, Marriage Law is governed by the Marriage Act 1961 of the Commonwealth of Australia. This set of laws presides over the formation and dissolution of all marriages in the country, including provisions for same-sex marriages. Marriages can be officiated by a religious minister, civil marriage celebrants, or state and territory officers.
Hiring a lawyer can be beneficial in many scenarios pertaining to marriage. Whether you need assistance with prenuptial agreements or guidance through the complexities of a divorce, a lawyer can protect your rights and interests. Lawyers can also handle issues related to spousal support, child custody, and the division of marital assets. In cases where domestic violence is involved, lawyers can provide assistance on obtaining protection orders.
In accordance with The Marriage Act of 1961, both parties in a marriage must be at least 18 years old. In certain circumstances, a person aged 16 or 17 can marry, but this requires judicial approval. Regarding divorce, Australia follows a 'no-fault' principle, which simply means that neither party has to establish the fault of the other in order to obtain a divorce. The main requirement is that the relationship has suffered an 'irretrievable breakdown'.
1. What is a prenuptial agreement and do I need one? A prenuptial agreement, or 'prenup', is a legally-binding contract entered into by a couple before they get married. This contract generally outlines how assets will be divided in the event of a divorce. It's not mandatory, but could be helpful in safeguarding individual assets. 2. What are the grounds for divorce in Thebarton, Australia? Australia utilizes a 'no-fault' divorce system. This means the only ground for divorce is an 'irretrievable breakdown' of the marriage, demonstrated by 12 months of separation. 3. How is child custody determined? Child custody is determined based on the best interests of the child. Multiple factors are considered, including the relationship between each parent and the child, and the effect on the child of any changes in situations. 4. How is property divided during a divorce? The division of property isn't automatic, so a couple can agree on how to divide it. If no agreement can be reached, a court will decide, considering factors like financial contributions, non-financial contributions, and future needs. 5. Can I legally change my name after marriage? Yes, you can change your surname after marriage, usually to that of your spouse or a combination of both.
For further information, you can refer to Australian Government's Family and Community Services Department, the Legal Services Commission of South Australia, and the Australian Institute of Family Studies. These organizations provide resources, including fact sheets and guides, to help individuals navigate marriage and related legal issues.
Once you've decided that you need legal help, your next step should be to find a reputable family lawyer. Prepare to discuss your situation in detail, and don't forget to bring any relevant documents. Always remember that a good lawyer will protect your rights, provide you with clear explanations, and guide you through the complex legal processes.
