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10 Things you need to know about the Marriage Amendment
(Definition and Religious Freedoms) Act 2017
- Notwithstanding that the Act became law on 9 December 2017, you still must give 30 days’ notice of your intention to marry.
- A same sex marriage can only be performed by an authorised marriage celebrant.
- A valid overseas same sex marriage entered into before 9 December 2017 is now recognised in Australia.
- If you want to marry your same sex partner overseas but according to Australian law you can do so before a consular official in an Australian Embassy.
- In certain circumstances a marriage between 2 same sex partners may be void.
- If you have an overseas same sex marriage, been separated for 12 months and live in Australia, you can now apply for a divorce.
- If you were validly married overseas and live in Australia (and have assets here or elsewhere) and have separated, you can apply for a property settlement and/or maintenance.
- If you get a divorce from your same sex partner, you need to start property or maintenance proceedings within 12 months of the divorce becoming final.
- Unlike de facto couples in Western Australia, same sex married couples can now split their superannuation as part of their property settlement.
- Same sex couples can now enter into pre-nuptial agreements (as well as agreements during marriage and after divorce).