Getting Married? Tips to keep in mind as your big day approaches
Weddings bring joy, it is an exciting and significant event.
Here are some tips to keep in mind as your big day approaches:
Prenuptial / Financial Agreements
Consider if you have any current or future assets, including an inheritance or real estate, that you may wish to quarantine from a property settlement in the event you separate from your partner.
A Financial Agreement is a contract between two partners to a relationship. It can set out how your assets, financial resources and liabilities are to be dealt with if your relationship breaks down. A Financial Agreement can also set out how either spouse is to be maintained during the marriage or after divorce or during the marriage and after divorce.
Whilst it may be difficult to talk to your spouse about separation as you are entering a marriage, it is an important conversation to have to protect and safeguard, potentially, both spouses.
An overseas marriage cannot be registered in Australia
Whilst you cannot register an overseas marriage in Australia, the marriage will generally be recognised in Australia if it is a valid marriage in the overseas country and would have been recognised as valid under Australian law if the marriage had taken place in Australia.
Remember to store your foreign marriage certificate in a safe and secure place; It is your evidence that your marriage occurred.
Finalise your property settlement from a previous relationship
If you are cohabiting with another person, the Family Law Act allows parties to request for the financial circumstances relating to that person. This means that your ex-partner may potentially be able to request for your current partner’s financial details including their income and property ownership.
If you have yet to finalise your property settlement from a previous relationship we recommend that you speak to a lawyer as soon as possible.
Notify the Department of Home Affairs if you have a pending visa application
If you have applied for an Australian visa you are required to notify the Department of Home Affairs of changes in your circumstances which include, marriage and change of address.
Marriage revokes a Will
If you have an existing Will, you may likely require a new one.
A person’s Will becomes invalid when that person marries unless the will expressly states that it is made “in contemplation of marriage”. If you prepare a Will, get married and die without preparing a new Will, your estate may be decided under the laws of intestacy.
If you don’t have a Will, now is a good time to get one; particularly, if you have children from a previous relationship or other people you may wish to provide for.