MARRIAGE & DE FACTO RELATIONSHIPS Unit 2, Area of Study 3 – The Law in Focus Chapters 12

Video on Weebly PowerPoint in file

Marriage Act 1961 (cth) Common Law (case law) definition: ‘The voluntary union for life of one man and one woman to the exclusion of all others’ Common law (case law) has been restated to the Marriage Act 1961 (Cth): ‘union of a man and woman to the exclusion of all others, voluntarily entered into for life’ Marriage Act 1961 (cth)

Requirements of a valid marriage Marriage is a legal contract and certain requirements must be met for a marriage to be considered valid: Be a marriageable age Not be closely related Be of the opposite sex Be free to marry Make a voluntary commitment Requirements of a valid marriage

Marriageable age 18 years+ Under 18 years: Need the consent of their parents (guardian) and the Magistrates’ Court to marry. If parental consent is refused, an application may be made to the courts for an order overriding the parents’ wishes. When a young person (16 or 17 years) applies for permission to marry, the court must be satisfied that there are ‘exceptional and unusual’ circumstances for the marriage. The court will consider: Emotional maturity of the young people Financial circumstances Length and security of their relationship Degree of independence. Pregnancy is not a prime factor.

ClosELY RELATED The law forbids close blood relatives from marrying because of the effect this may have on the health of future children. Someone cannot marry their ancestors or descendants… Parents Children Grandparents Grandchildren Brothers Sisters Applies to brothers and sisters who have been adopted. Even though there is no genetic relationship, in every way these people are seen as legal children of a marriage. Does the law permit cousins to marry? Answer = YES!

Opposite Sex A person cannot marry a person of the same sex The legal definition of marriage in Australia is the ‘voluntary union of one man and one woman to the exclusion of all others’. Opposite Sex

Free to marry Read “I do, I do, I do!” (p. 330- 331) If someone has been previously married they must show: Proof of their divorce; OR The death certificate of their spouse. Free to marry

Voluntary union A couple must marry voluntarily. If a marriage is undertaken for reasons of fraud or duress, it can be declared void.

Jill and Kevin’s big day: video On Weebly and in file

THE CEREMONY Essential elements: 1 month’s notice of intention to marry to marriage celebrant Authorised marriage celebrant (can be a religious minister) Bride and Groom must be present at ceremony 2 witnesses over 18years Formal vows: “I call upon the persons here present to witness that I, A, take thee, B, to be my lawful wedded wife/husband.” Sign the marriage certificate THE CEREMONY

Complete the “CASE STUDIES – IS IT MARRIAGE?” on p. 339 TIME TO WORK…

DE FACTO PARTNERS Definition “People who are not married but are living as a couple on a genuine domestic basis regardless of their gender” Classification? The court will take into account the following factors: Duration of r/ship Nature and extent of common residence (living arrangements) Sexual r/ship? Degree of commitment to a shared life DE FACTO PARTNERS

DE FACTO PARTNERS Legal Consequences? Legal recognition (essentially the same as married couples) Social security + taxation = OK Property? Superannuation? Relationship Register? For same-sex and opposite-sex couples Registration for purposes of state and commonwealth law = PROOF OF LEGAL STATUS Property – parties should take steps to ensure both names are on title Superannuation – partner should be listed as beneficiary DE FACTO PARTNERS

DE FACTO PARTNERS Property? Same legal rules re married couples Court can order property division, superannuation split and spousal maintenance Court will consider contributions (financial and otherwise) of parties SHOULD apply for settlement within 2yrs of relationship breakdown DE FACTO PARTNERS

DE FACTO PARTNERS (Spousal) Maintenance? Maintenance = one party can apply for the other to support them financially if their earning capacity or standard of living has been affected by the relationship breakdown Maintenance STOPS when someone enters into a new marriage/de facto relationship Wills? If no will/will does not provide for living partner, they can claim on their partner’s estate DE FACTO PARTNERS

Read the article by Holly Wainwright and answer the questions below. http://www.mamamia.com.au/de-facto-relationship/ TIME TO WORK