Can you get married twice to the same person in Australia?

Section 113 of the Marriage Act 1961 expressly deals with the legalities of second ceremonies. Particularly, if a couple is already married they are not allowed to go through another marriage ceremony together.

mondaq.com - Australia: Married twice to the same person? Subsequent ceremonies ...

What is high value in art?

Value in art is essentially how light or dark something is on a scale of white to black (with white being the highest value and black being the...

Last updated Apr 9, 2020

How do I know God wants me to be with someone?

Contents show Your partner has Christlike qualities. You feel comfortable and at peace when that someone is around. The two of you have a proven...

Last updated Aug 6, 2019

Do you really know who the “One” is? Your true Soulmate?

Promotion

ARTICLE

To print this article, all you need is to be registered or login on Mondaq.com. We all have friends who have had a destination wedding then returned home for a second ceremony, or who have had both a civil ceremony and a religious ceremony, or who are the hopeless romantics that renew their wedding vows. Why is this a topic for a family lawyer to discuss? Because, putting the romance aside, couples having two wedding ceremonies need to consider the possible legal ramifications that the second ceremony can have. This was recently considered by the Family Court in the case of Anouihl and Temke [2017] FamCA 325 (8 May 2017).

In Anouihl and Temke's case the following occurred:

In 2008, the couple were married in a civil ceremony.

In 2009, the couple had a religious marriage ceremony.

Despite the fact Ms Temke informed the religious celebrant of their civil marriage, the religious celebrant forwarded documentation for the registration of the marriage to the New South Wales Registry of Births, Deaths and Marriages. The filing of the documentation by the religious celebrant meant that second marriage was registered in breach of the Marriage Act (1961) (Cth). In seeking a Divorce, the parties went to the Family Court and obtained a declaration that the second marriage was invalid. A subsequently registered marriage like Anouihl and Temke's, becomes significant when the relationship breaks down and parties attempt to resolve their financial matters. When the Family Court is determining financial matters, it considers many factors including the length of the marriage, the property brought into and the contributions made throughout the marriage. Where a subsequent marriage has been registered one party may seek to argue that it is the latter ceremony which was the valid marriage date in an attempt to shorten the length of the marriage to be considered. This approach may be used in an attempt to preserve the assets from before the subsequent marriage ceremony. However, Anouihl and Temke's case is unusual as the law does contemplate that second ceremonies are not always intended to be legal marriages. Section 113 of the Marriage Act 1961 expressly deals with the legalities of second ceremonies. Particularly, if a couple is already married they are not allowed to go through another marriage ceremony together. In addition, Celebrants are expressly prohibited from solemnising marriages where the parties are already legally married to each other. There is provision for married couples to have subsequent religious ceremonies under section 113(5) of the Marriage Act, where it expressly allows couples to have a religious ceremony after legally marrying, on the condition that the couple document the previous marriage properly to the Celebrant. The celebrant is then not to prepare any certificate of marriage, preventing the Celebrant from committing an offence in marrying a married couple. Ultimately, Anouihl and Temke's second marriage is an anomaly as the issue would not have arisen if the religious celebrant had not registered the second marriage. However, the case is a reminder to properly consider the formal nature of wedding ceremonies when considering getting married overseas, renewing your wedding vows or having both civil and religious ceremonies. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

What is a female lover called?

In modern times, the word "mistress" is used primarily to refer to the female lover of a man who is married to another woman; in the case of an...

Last updated May 7, 2021

What are 5 warning signs of an unhealthy relationship?

5 signs of an unhealthy relationship Feeling pressured. If your partner pressures you to do something you don't want to do (especially in relation...

Last updated Feb 27, 2022

Promotion

How long do marriages last?

What is the average length of marriage? On average, the length of a marriage in the U.S. is seven to eight years. Some states have a higher rate than others, but the divorce rate for the country is around 50%.

weinmanfamilylaw.com - What is the average length of a marriage in the U.S.?

Archives Archives Select Month December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 June 2022 May 2022 April 2022 March 2022 February 2022 January 2022 December 2021 November 2021 October 2021 September 2021 August 2021 July 2021 June 2021 May 2021 April 2021 February 2021 December 2020 November 2020 October 2020 September 2020 August 2020 July 2020 June 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012 April 2012 March 2012 February 2012 January 2012 December 2011 November 2011 October 2011 September 2011 August 2011 July 2011 Categories Categories Select Category Bankruptcy Blog Child Custody Divorce Estate Planning Family Law Firm News Paternity Prenuptial Agreements Uncategorized

Do men like to kiss?

"Men also get romantic pleasure and connection from kissing, and both men and women will use kissing to advance to more intimate sexual acts," Mr....

Last updated Jul 21, 2020

What are the 3 love types?

The three types of love are the first love, the intense love, and the unconditional love. Ahead, we're breaking down the meaning of each and what...

Last updated Mar 24, 2021

Promotion

How do I find my soulmate chart?

So, here are 4 soulmate signs to look for in your astrology chart. Find and understand your natal chart placements. ... Check which sign is in your...

Last updated Mar 25, 2019

Promotion

Is HB pencil harder than 2B?

Softer lead gets a B grading, with a number to say how soft the lead is. B on its own is just a little softer than HB. 2B, 3B and 4B are...

Last updated Aug 11, 2019