Marriage Act 1961
DOCUMENT OUTLINING THE OBLIGATIONS AND CONSEQUENCES OF MARRIAGE AND STATING THE AVAILABILITY OF MARRIAGE EDUCATION AND COUNSELLING
This pamphlet is important.
This pamphlet tells you:
- something of what it means to be married
- the laws you need to know about when you marry
- where to go for marriage education, marriage counselling or family dispute resolution.
It is helpful to know that:
- marriage is important to you, to your children and to society
- there are services available before, during and after marriage that you may wish to use
- there are skills and attitudes that you can learn which will increase the enjoyment and stability of your marriage.
SERVICES THAT CAN HELP
Before marriage: Marriage Education
Most people first learn about marriage by watching marriages of parents, relatives
and friends. Television and magazines provide another view of marriage, not
always a realistic one.
Because of these factors, you and your partner may have quite different life
experiences and may hold very different views on marriage. Real life knowledge
of marriage is available in programs run by accredited marriage educators.
- Courses are practical, fun and do not push a particular moral or religious view
- Courses teach attitudes and skills which enrich family life and enhance successful marriage
- If you are remarrying, courses are available to explore the added dimension
and complexity brought to a marriage by children from a former marriage.
A list of the agencies which run marriage education programs is provided with this pamphlet. Each agency on that list is approved and funded by the Commonwealth Government.
During marriage: Marriage Counselling / Family Dispute Resolution
“Well, we certainly won’t need counselling”, you say. But
if you did need help, how long would you wait before seeking it? The agencies
on the attached list have found that people generally wait too long. Often help
is sought when the marriage is beyond saving. Counsellors will not tell you
what to do. They help you to find the best way to resolve any difficulty together.
Mediators can help you resolve disputes before they escalate. A family mediator
can help both parties come to a fair agreement when a dispute arises. Agreements
reached in family dispute resolution are mutual agreements and seem to last
longer than those decided by someone outside. It is better if you both go together
and sort out minor troubles before they can turn into a major crisis. Even if
only one party attends it is very helpful.
Early counselling can be preventive. It can help you steer a course through
some of the difficulties which arise in marriage. You can also use counselling
and family dispute resolution to improve a very good marriage.
After breakdown of marriage: Marriage Counselling / Family Dispute Resolution
If a marriage does break down, marriage counselling and family dispute resolution
can help each party cope with separation and divorce. Counsellors can help in
dealing with the stress of marriage breakdown and starting a new relationship.
A family mediator can help both partners come to a fair agreement about issues
such as custody of children and property which have to be decided after the
marriage breaks down. Marriage counselling, education and family dispute resolution
services are approved and funded by the Commonwealth and monitored to ensure
their work is of a high standard. The work of counsellors, educators and mediators
is closely supervised and each must be trained and accredited before commencing
work.
Marriage is important
The decision to marry is one which should be taken only after a lot of thought.
Careful consideration will save you, your partner and others much pain.
The Family Court is there to preserve and protect the institution of marriage,
to give the family the widest possible protection and assistance and to protect
the rights of children and promote their welfare. The Family Law Act says:
- Marriage is “the union of a man and a woman to the exclusion of all others voluntarily entered into for life”.
- The family is “the natural and fundamental group unit of society”.
It is a worthwhile goal for all married people to try to achieve a strong marriage and family life. It is most important that you pass on your loving and stable family life, your pleasure and your wisdom about marriage to our next generation of Australians.
SOME THINGS YOU NEED TO KNOW
Changing your name
For many years it has been a custom for a woman to change her surname to her
husband’s surname when she marries. This is a widely practised custom,
both in Australia and in other societies. It is, however, a matter of choice.
You are not legally required to change your name and many women do continue
to use their own surnames after marriage.
Taxation after marriage
When you marry, the amount you pay for taxation can change, sometimes less and
sometimes more. If your spouse is not earning any income, the amount you need
to pay can change immediately you are married. It is a good idea to contact
the Australian Taxation Office, a tax agent or an accountant before you marry
to find out whether your tax will change and to answer any questions you may
have.
Making a will
If you are married and die without a will, your spouse inherits all or some
of your property. If you already have a will before you marry, the marriage
usually means that the will no longer applies. It is possible to make a will
before you marry which continues to apply after you marry. This sort of will
is not affected by marriage. You can also make special provisions for your spouse
and any children you may have. A will made during a marriage continues to have
effect after separation or divorce unless the person who made the will changes
it or remarries. The effect after divorce of a will made during a marriage is
governed by state and territory legislation and advice as to the effect of a
particular will after divorce should be sought from a solicitor. A solicitor
can show you how to make a will or change your current will.
Joint ownership
If you and your future spouse want to put your money into property or some other
investment you will need to think ahead. You should first think about whether
you want each investment to be owned by both of you, or to be owned by only
one of you. Deciding ownership is important when buying a house, land, or even
putting your money into a bank account, an insurance policy or into stocks and
shares. All involve ownership. If you want your investments to be owned by both
of you, there are two main ways to do this. 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. Solicitors can advise you and answer questions on ownership.
Changes to old laws
Because a new view has been taken of the old common law, which says a husband
and wife become ”one” when they marry, many old laws have been changed.
For example, it is now possible for you to give evidence in most courts where
your spouse is involved. Also, marriage no longer stops a woman from keeping
ownership of her own property when she marries.
Health and welfare benefits
If you receive health or welfare benefits, you will need to contact such agencies
as Health Insurance Funds, Social Security or other Government Departments to
tell them you have married. When you marry, the money or benefits you receive
can change. These offices can tell you how your benefits will change. You may
lose benefits and even be penalised if you fail to tell them you have married
within a reasonable time after the wedding.
Legal obligations
When you marry, our laws expect each of you to:
- financially support any children from your marriage
- look after the health and welfare of your children
- send your children to school between the ages that apply in your state
- financially support your spouse as best you can if he or she cannot do so for any reason.
