10 Things you need to know about the Marriage Amendment

(Definition and Religious Freedoms) Act 2017

1. Notwithstanding that the Act became law on 9 December 2017, you still must give 30 days’ notice of your intention to marry.
2. A same sex marriage can only be performed by an authorised marriage celebrant.
3. A valid overseas same sex marriage entered into before 9 December 2017 is now recognised in Australia.
4. 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.
5. In certain circumstances a marriage between 2 same sex partners may be void.
6. If you have an overseas same sex marriage, been separated for 12 months and live in Australia, you can now apply for a divorce.
7. 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.
8. 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.
9. Unlike de facto couples in Western Australia, same sex married couples can now split their superannuation as part of their property settlement.
10. Same sex couples can now enter into pre-nuptial agreements (as well as agreements during marriage and after divorce).