Legally Speaking, What is Marriage - Deciding to marry is an important step in your life, and one that should be well thought out. Marriage is a legal state. The Family Court, which exists to preserve and protect the institution of marriage, says that marriage is 'the union of a man and a woman to the exclusion of all others voluntarily entered into for life’. If any of the aspects of this statement don't seem to relate to what you are expecting or experiencing, talk about them with your partner and ensure that marriage is the right step for you both. Communication is vital - talking about exactly what each of you expects from the marriage, and being honest in evaluating whether you can live up to these expectations can save lots of pain and heartache in the future. 

The Letter of the Law - Like most of the important things in life, getting married and marriage itself have legal consequences and laws that apply to them.

Getting Married - The legal requirements of 'getting married' are quite straightforward and once you have decided how you'd like to be married, your church leader or celebrant will advise you of your responsibilities, and help ensure you meet them. However, as they say 'forewarned is fore planned.' In all areas of your life, it pays to know where you stand legally so we'll take a quick look at how the law sees your intention to wed.

Are you old enough - If one partner wishing to marry is under 18 years of age, the legal road ahead is going to be a little rockier than if you were both 18 years or older. If one partner is younger than 18, you must have parental consent and a magistrate's or judge's order before you can be married. The same applies if both partners are younger than 18, but it appears to be more difficult to receive the magistrate's or judge's order if both partners are not legally of age.

What do I need to do - You must lodge a Notice of Intended Marriage at least one month and one day, and not earlier than eighteen months, prior to the wedding date. This time is supposed to prevent 'spur of the moment' marriages, giving partners time to reconsider their decision. In exceptional cases, this waiting time can be waived for a fee.

Your church leader, celebrant, or registry office can provide you with the Notice, and you should lodge it with them once you have completed the details. Once you have completed your Notice of Intended Marriage, you have started the legal marriage process.

When you lodge the Notice, you will need to supply the following:
1. Birth certificates, extracts of birth certificates, passports or Australian naturalisation certificates for identification.
2. A decree absolute or death certificate as proof that any previous marriage has been terminated.

Get to know your church leader or celebrant. You must include on the Notice the name of the person who will conduct your ceremony, and unless extenuating circumstances arise, you are obliged to be married by the person named. 

The religious church leader or celebrant named is obliged to either be at your wedding or provide a replacement of your choice if necessary. This helps ensure your marriage will go ahead even if the church leader or celebrant is unable to attend.

Your church leader of celebrant will play an important role on your wedding day and throughout the planning of your wedding. You will come to know them very well, so it is important to choose someone you both like, trust, and with whom you feel comfortable.

This person is responsible for ensuring you fulfil all legal requirements, and for lodging your paperwork in order to receive the final 'Marriage Certificate'.

Statutory Declarations - This document is supplied by your Celebrant. You are required to complete a Declaration just prior to your wedding day. After your marriage has been solemnized, this document, along with the other legal documentation is sent by your Celebrant, to the Registrar of Births, Deaths and Marriages, on your behalf.

Witnesses - You must have two people willing to witness your signatures on your Marriage Certificates, the legal documentation & Marriage Register on your wedding day. This is usually your Chief Bridesmaid & Best Man, but in fact it can be anyone, as long as they are booth at least 18 years of age or older & are able to understand what they are signing.

Marriage - You will find that being a legally married couple has more legalities than being single, and more than actually 'getting married'.

Changing your Name - Once married, the female in the partnership traditionally changes her surname to her husband's.

This custom is popular, but is not a legal requirement of marriage. Many women today choose to keep their own name, and some women hyphenate their surname with their husband's.

This is entirely a personal choice, but one that you and your partner should discuss and agree on. Choosing to keep your own name or hyphenate your two names will later lead to a decision regarding your children's surname - so this is an important family decision, as well as a vital legal decision.

Taxation after Marriage - Taxation can change after you are married. As taxation is an involved issue, with many facets that mean everyone's situation can be different, it is best to contact the Australian Taxation Office, a tax agent, or your accountant to evaluate how your tax arrangements will be affected by your marriage

Making a Will - Right now, making a will is probably the last thing on your mind, but it is an important part of marriage.

If you are married, and die without a will, your spouse will inherit all or part of your property. Additionally, any will made previous to your marriage will usually no longer apply.

Health & Welfare Benefits - Marriage also affects health and welfare benefits. If you receive these benefits, you must advise various agencies if you marry - you will usually be penalised if you fail to promptly do so. These agencies include Health Insurance Funds, Centrelink, and other Government Departments.

Contact them before your wedding to determine your responsibilities and to evaluate how your benefits will change.

Family Ties - The family is an important group in Australian law. Australian laws expect a married person to financially support any children from the marriage; look after the health and welfare of those children; send them to school between the ages that apply in your State; and financially support their spouse as best they can if he or she cannot do so.

Joint Ownership - This is an issue all married couples must consider- even if it is to simply dismiss the idea. 'Ownership' is an issue usually raised when the union is parting - due to separation, divorce, or death.

Each investment you make as a couple will require a decision as to whether you will jointly own the item, or whether only one of you will own it. There are two main ways you can both own an investment.

Property owned 'jointly' by both of you automatically goes to the surviving spouse when the other dies. Property owned as 'tenants in common' does not automatically go to the surviving spouse when the other dies. You can put it in your will for someone else.

You should consult your solicitor for more information and advice on ownership - this can help ensure parting is easier, whatever the circumstances.