Would you like to get married in Australia? Here is some information on the formalities to follow.
If you want to get married in Australia, you should first learn more about the different types of union recognized in the country. Note that homosexual marriage is recognized on the same line as heterosexual marriage since May 2013. You can celebrate your wedding at the consulate or municipality of your choice.
However, you will have to make a request for publication of banns and for the deliverance of a certificate of ability to marry if you want your wedding to be celebrated by the Australian authorities.
You must make a request for publication of banns with the related consulate at least four weeks before the scheduled date of marriage. For this, you will provide information relating to each spouse and common to future spouses, as well as an integral copy of birth certificate of each spouse. You will also need a photocopy of passport and a proof of domicile. This will allow you to receive a certificate of ability to marry.
Types of marriage
Australia recognizes the “common law” marriage, according to which civil marriage is not mandatory. This type of marriage can be celebrated by a civil status officer or by a minister of authorized worship. Both spouses must be at least eighteen years old. If the husband is more than eighteen years old while the wife is sixteen years old, marriage is authorized provided she has her parents' or a legal representative's consent.
The most common matrimonial regime in Australia is the legal regime, with the concept of pure and simple separation of property. According this regime, each spouse manages freely his personal property. However, in case of dissolution of marriage, goods are shared equally.
The conventional regime specifies that the two spouses can freely conclude matrimonial conventions before or after their marriage. According to this regime, spouses may administrate and attribute their property. Nevertheless, in case of dissolution of marriage, they can predict alimony or a financial compensation.
The "de facto marriage" is also recognized in Australia. In case of dissolution, the judge must take into account the duration of the relationship, the financial cooperation between the two parties, the existence of a community of roof and bed, as well as the notoriety of the relationship and the nurturing of children if there are.
You can ask for divorce in case of rupture of common life with your partner or spouse during a period of twelve months without perspective of reconciliation. If you have been married for less than two years and you are separated from your spouse since twelve months, you can request divorce even if it was interrupted by a period of reconciliation of less than three months. Note that divorce will only be granted when problems related to the separation, including parental authority, the place of residence of children, alimony and division of matrimonial property will be settled.