If you want to write a prenuptial agreement, make a binding financial agreement, or you need advice about your property rights when you get married or blend families, talk to our experienced Family Law Team. We have the expertise you need to be covered.
Marriage in Australia, for both opposite-sex and same-sex couples, must meet legal requirements to be valid. It’s important to take these laws into account when planning your wedding, and our expert guidance will help ensure everything is compliant.
Getting married in Australia isn’t just about the wedding. Marriages must meet certain legal requirements to be valid. You may also have additional considerations, for example if you are planning a same sex wedding.
Making sure you meet legal requirements
To marry legally, you must be 18 or older, not already married, able to consent, and not in a prohibited relationship. You must also provide a Notice of Intended Marriage at least one month before the wedding.
A registered marriage celebrant can perform the marriage in the presence of two adult witnesses. Marriage celebrants include civil celebrants, religious ministers and priests.
Occasionally, a person aged between 16 years and 18 years may marry, but only in special circumstances, for example if their parents have consented or there’s a court order allowing the marriage.
Our Marriage Team consists of experienced Family Law specialists who will help you meet the requirements to marry legally.
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It’s worth remembering that marriage usually invalidates a Will.
That means that as soon as you marry, any previous Will is no longer valid. You and your new spouse should make new Wills as soon as possible after marrying.
You should both also update other legalities, for example:
– Binding Death Nominations in your superannuation funds
– Beneficiary nominations for any insurance policies, for example life insurance, health insurance or income protection insurance
– Powers of attorney and updated advance care directives
– Any wishes concerning organ donation and funeral arrangements