Marriage Flashcards
Define Marriage
The union of a man and a women to the exclusion of all others, voluntarily entered into for life.
Aspects of marriage
-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
Requirements for marriage 1
- 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.
Requirement for marriage 2
-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.
Marriage consent
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.
What about witnesses?
There must be witnesses over the age of 18.
Properly solemnised and registered
-A minister of religion, state registrar of marriages or civil marriage celebrant can perform the ceremony
Must happen in or on Australian land/ waters