Marriage Flashcards

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1
Q

Define Marriage

A

The union of a man and a women to the exclusion of all others, voluntarily entered into for life.

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2
Q

Aspects of marriage

A

-Union of a man and women

-Exclusion of all others
If you marry whilst married, bigamy- Max 5 yrs prison

-voluntarily entered into

  • For life
    Until death
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3
Q

Requirements for marriage 1

A
  • Free to marry- single divorced or widowed
  • of marriage age, usually 18+
  • if one party is 16/17 and the other is 18 you may apply to the court in order to allow you to marry.
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4
Q

Requirement for marriage 2

A

-Not in a prohibited relationship

You cannot be with an ancestor/descendent (mother, father, brother)
You cannot be with a brother or sister including adopted relatives, and half relations, but not step relationships.

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5
Q

Marriage consent

A

The person must willingly and knowingly give consent.

-If the person was forced, tricked, used or incapable of understanding the situation, consent is not valid.

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6
Q

What about witnesses?

A

There must be witnesses over the age of 18.

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7
Q

Properly solemnised and registered

A

-A minister of religion, state registrar of marriages or civil marriage celebrant can perform the ceremony
Must happen in or on Australian land/ waters

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