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

2. Video on Weebly
PowerPoint in file

3. 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)

4. 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

5. 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.

6. 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!

7. 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

8. 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

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

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

11. 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

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

13. 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

14. 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

15. 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

16. 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

17. Read the article by Holly Wainwright and answer the questions below.
TIME TO WORK