Same Sex Marriage and Family Law

DBH Family Lawyers congratulates the same sex couples who will be able to marry following the passage of the Same Sex Marriage Bill in Federal Parliament.

The Bill was passed on 7 December 2017. It received Royal assent to become valid law on 8 December 2017.

All couples marrying must have their marriage celebrant or officiating Minister undertake the paperwork at least a month prior to the ceremony. That means that same sex couples can marry in Australia from 9 January 2018.

Same sex marriages conducted overseas are now legally recognised as valid in Australia. Same sex marriages solemnised in Australia before 9 December 2017 in a consulate office under the law of a foreign country are also recognised.

Same sex couples have for some time been able to apply for property settlements if they meet the criteria for de facto couples. The changes to the Marriage Act means that same sex couples who are married have all of the protections of the law under the Family Law Act. This includes the ability to enter into a pre or post nuptial Binding Financial Agreement.

Same sex couples planning to marry should also review their Wills. DBH Family Lawyers can advise same sex couples about the consequences of their marriage and whether any steps can be taken to protect their assets with a Binding Financial Agreement. DBH Commercial Lawyers can also provide advice in relation to Wills and Estate planning.

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