Happily
Ever ... Before and After: Text Version
Happily Ever ... Before and After.
Information for couples planning to marry.
Your celebrant is handing you this document because the decision to marry is one of the biggest decisions a couple can make. Marriage is a significant step which will bring a number of changes for your, your spouse and your family. This document tells you:
- the process of getting married in Australia
- some important legal consequences of getting married, and
- where relationship support services, such as marriage education, family counselling or dispute resolution services may be obtained.
GETTING MARRIED IN AUSTRALIA
In Australia, marriage is regulated by the Marriage
Act 1961, which sets out the process for getting
married and the legal requirements of a valid
marriage.
- A completed Notice of Intended Marriage form must be given to your celebrant at least one month (and up to 18 months) before the wedding.
- You and your partner must provide your celebrant with evidence of your date and place of birth, identity and the end of any previous marriages.
- You must both sign the 'Declaration of no legal impediment to marriage'. By signing the Declaration, you declare that you believe that you are of marriageable age, and that there is no legal impediment to your marriage.
- On your wedding day, your celebrant will solemnise your marriage. Your celebrant will then ask you, your partner and your witnesses to sign up to three marriage certificates.
- After your wedding, your marriage celebrant will register the marriage with the Registry of Births, Deaths and Marriages in the State or Territory where your marriage took place.
MARRIAGE IN AUSTRALIA: SOME IMPORTANT THINGS YOU NEED
TO KNOW
Health and welfare benefits
If you receive health or welfare benefits, you
will need to contact the relevant agencies to advise
them that you have married. These agencies will advise
you if your benefits will change. You may lose
benefits and even be penalised if you fail to tell
them you have married within a reasonable time after
the wedding.
Changing your name
Any person who married may choose to take their
spouse's surname. You are not legally required to take
your spouse's surname once you are married.
If you wish to take your spouse's surname, you must
obtain a certificate of marriage issued by your state
or territory Registry of Births, Deaths, and
Marriages. This is usually sufficient evidence to have
your personal documentation (eg driver's licence)
changed to your married surname.
The certificate you received on your wedding day is
ceremonial and will not meet the identity requirements
of many government agencies, such as the passport
office.
Citizenship
If you marry an Australian citizen, you do not
have an automatic right to Australian citizenship. You
will still need to apply for citizenship and satisfy
the eligibility criteria. You can obtain further
information from the Department of Immigration and
Border Protection website at www.immi.gov.au
Making a will
Marriage will invalidate any previous wills unless
your will clearly shows you were planning this
marriage when you made it.
It is important that you make a new will when your
personal circumstances change. This ensures that you
have a valid will that gives effect to your intentions
about how you want your assets to be distributed in
the event of your death. A solicitor can help you make
or change a will.
Taxation after marriage
When you marry, the amount of taxation you pay may
change. It is advisable to contact the Australian
Taxation Office, a tax agent or an accountant before
marriage to discuss any tax implications.
STRENGTHENING YOUR MARRIAGE
Before marriage: Marriage Education
Solid relationships set you up to meet the changes
and challenges of life. It is important to develop
good communication and sound relationship skills
early, so that you can fall back on these skills
during difficult times.
Pre-marriage education prepares couples for marriage
by providing skills and information to build lifelong
marriages. Courses are also available to explore the
added dimension and complexity brought to a marriage
by children from a previous relationship.
During marriage: Family Counselling
Keeping relationships on track is not always easy.
Relationship problems can arise at various stages of
our lives. While having a shaky moment does not mean
your relationship is in trouble, it may be a sign that
you could do with some help.
Family counselling can help couples come to terms
with the many changes that happen during a marriage,
such as the personal and interpersonal issues to do
with children and family. Family counsellors can help
you work through emotional problems with your spouse
or partner, or to reach agreement about your parental
responsibilities.
Marriage breakdown; Family Dispute Resolution
Family Dispute Resolution (FDR) can help
separating couples to reach agreement about property,
money, and - most importantly - any children. The law
requires separating families who have a parenting
dispute to make a genuine effort to try to sort it out
through FDR.
An accredited FDR Practitioner can help you discuss issues, look at options, and reach agreement. Importantly, FDR can help you to develop a parenting plan to set out arrangements for any children.
For more information about the services and advice
available for couples and families, visit the Family
Relationships Online website at
www.familyrelationships.gov.au or phone the Family
Relationship Advice Line on 1800 050 321
