We’ve all been told that marriage is between a man and a woman, and this is one of the pillars of the Australian legal system.
But what happens if one of you has no marriage papers and you want to be legally married in Australia?
That’s where this new initiative comes in.
The Australian National Archives and Records Service has developed a system to help people legally marry in Australia, and we’re going to explore some of the issues that can arise when one of us gets married.
What is marriage?
Marriage is a legal union between a male and a female.
It’s a marriage in which one person becomes the legal legal heir to the other’s estate, and the parties get to determine the law that governs that inheritance.
Marriage can also be between two people who share property, but that is usually not recognised in Australian law.
What does the legal term “marital union” mean?
Marriage involves two people living together and entering into a legally binding contract.
A marriage is recognised by the Australian government as a legal and civil relationship, with both parties making a commitment to respect each other’s legal rights and obligations.
What are the legal rights of a spouse and/or partner?
The legal rights a spouse or partner has are as follows: a) to marry someone else, without the partner’s consent; b) to inherit from someone else; c) to use property or money jointly; d) to have a child, regardless of their age; e) to make joint-investment decisions; f) to own or share property and/inherit the money; g) to claim the property of another person; h) to do all the things that are allowed by law.
What is the legal status of a person who has not married?
The laws of a state or territory may not apply to a person not married to that state or Territory, even if the person is also living in the state or region in which the person’s legal residence is.
How do I get married?
When you file your marriage certificate, the Australian Government will give you a copy of it, along with a copy that will be shared with the other person.
Your spouse or spouse’s legal representative will give it to you, so you can get married.
You can also send the marriage certificate to someone else if you want, such as a relative or friend, to make sure the other party is not in contempt of the law for failing to make a commitment or signing a marriage contract.
If you want your marriage recognised, you’ll need to prove that you have lived in Australia for more than five years and you’re not a threat to anyone else.
Who can file a marriage certificate?
You can’t file your certificate unless you’re a resident of a territory or territory-contiguous jurisdiction, but you can register for marriage if you live in Australia.
If the other spouse lives in Australia and the marriage is registered, the other will also need to register.
You also need a valid, official, valid marriage certificate from a recognised official, if you’ve got one.
If your spouse or your partner doesn’t have a valid marriage contract, you can’t legally marry either.
What if the other side doesn’t know the details?
If your marriage is not recognised, it may not be recognised.
You may be able to apply for recognition if you can prove you lived in the other state or the territory for more years.
If you’ve been divorced, but the other partner doesn.
If one of your spouse(s) has died and you are not legally married to them, you must prove you live with them in Australia on a permanent basis and that you are a member of the same household.
If they are deceased, you need to have the relevant documentation from your former spouse(/s) in order to get your certificate.
If either of you is not a member, you may be allowed to register as a non-resident, but not a permanent resident.
You cannot apply for a marriage document if you’re living in Australia temporarily as a temporary resident.
If both you and the other are non-residents, you will need to apply separately to get married, but can’t be married.
Is it a civil ceremony?
If neither of you can give permission for a civil marriage to take place, then a civil wedding is not required.
The ceremony takes place in the presence of a judge and witnesses.
It may include a civil celebrant.
How do people get married in the Northern Territory?
The Northern Territory government has decided that no-one outside the Northern Territories is eligible to marry in the Territory.
However, if a Northern Territory resident is married to a resident, the couple can get the marriage recognised by a magistrate.
What happens if I’m not married in a Territory?
If you are living in a Northern Australia, you’re still a citizen of Australia and have all the rights and entitlements that apply to Australians.
If, for example, you are