Marriage is a traditional ceremony, whereby two people whom are in love come together by way of marriage. Sadly not all lovebirds can get married. This report will explore the Australian laws relating to marriage.If both partners are over 18 years of age, they can get married without permission. However, if the couple wishing to get married are under the age of 18 then their marriage is illegal.
If one of the partners is over 18, then the younger partner needs permission from both a judge or magistrate and parents or guardians.
1. Permission from a judge
· Must apply first after getting legal advice
· The judge will look at the application including maturity, length of relationship, financial situation and independency as a couple. Being pregnant would not help.
· If the answer is yes then the couple must get married within three months.
2. Permission from parents
Within the timeframe of three months the couples must provide a writing permission, witnessed and dated regardless if the parents are overseas or not. This permission must be given to the person marrying the couples (e.g. Priest or civil marriage celebrant).
In case of the parents refusing to give permission then the couples can apply to the judge and if the judge finds out that the parents were unreasonable then the judge will give the permission instead.
Same sex couples cannot get married but they can have commitment ceremony. However in some states same sex couples can register their relationships as domestic partners.
Married previously and want to get married again? Then you have to obtain divorce by filing the respective paperwork with the Family Court or the Federal Magistrates Court. To marry someone while you are already married is a criminal offence called bigamy and is punishable by up to five years imprisonment.
