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1992 No. 32 MARRIAGE REGULATIONS (AMENDMENT) - REG 2
2. First Schedule
2.1 Form 14A:
Omit the Form, substitute:
Form 14A Regulation 39A
COMMONWEALTH OF AUSTRALIA
Marriage Act 1961
DOCUMENT OUTLINING THE OBLIGATIONS AND CONSEQUENCES OF MARRIAGE AND
STATING THE AVAILABILITY OF MARRIAGE EDUCATION AND COUNSELLING This pamphlet
is important. This pamphlet tells you: . something of what it means to be
married . the laws you need to know about when you marry . where to go for
marriage education, marriage counselling or family mediation. At this time you
are probably giving a lot of thought to your approaching wedding day and to
the married life you plan to make together. It is wise to prepare for both.
Most couples make a lasting and satisfying relationship which meets the
expectations of both parties. However, unless your marriage is carefully
nurtured there is a high risk it may end in divorce, even though it begins
lovingly. It is helpful to know that: . marriage is important to you, to your
children and to society . there are services available before, during and
after marriage that you may wish to use . there are skills and attitudes that
you can learn which will increase the enjoyment and stability of your
marriage. Services that can help Before marriage: Marriage Education Most
people first learn about marriage by watching marriages of parents, relatives
and friends. Television and magazines provide another view of marriage, not
always a realistic one. Because of these factors, you and your partner may
have quite different life experiences and may hold very different views on
marriage. Real life knowledge of marriage is available in programs run by
accredited marriage educators. . Courses are practical, fun and do not push a
particular moral or religious view . Courses teach attitudes and skills which
enrich family life and enhance successful marriage . If you are remarrying,
courses are available to explore the added dimension and complexity brought to
a marriage by children from a former marriage. A list of the agencies which
run marriage education programs is provided with this pamphlet. Each agency on
that list is approved and funded by the Commonwealth Government. During
marriage: Marriage Counselling/Family Mediation 'Well, we certainly won't need
counselling', you say. But if you did need help, how long would you wait
before seeking it? The agencies on the attached list have found that people
generally wait too long. Often help is sought when the marriage is beyond
saving. Counsellors will not tell you what to do. They help you to find the
best way to resolve any difficulty together. Mediators can help you resolve
disputes before they escalate. A family mediator can help both parties come to
a fair agreement when a dispute arises. Agreements reached in mediation are
mutual agreements and seem to last longer than those decided by someone
outside. It is better if you both go together and sort out minor troubles
before they can turn into a major crisis. Even if only one party attends it is
very helpful. Early counselling can be preventive. It can help you steer a
course through some of the difficulties which arise in marriage. You can also
use counselling and mediation to improve a very good marriage. After breakdown
of marriage: Marriage Counselling/Family Mediation If a marriage does break
down, marriage counselling and family mediation can help each party cope with
separation and divorce. Counsellors can help in dealing with the stress of
marriage breakdown and starting a new relationship. A family mediator can help
both partners come to a fair agreement about issues such as custody of
children and property which have to be decided after the marriage breaks down.
Marriage counselling, education and family mediation services are approved and
funded by the Commonwealth and monitored to ensure their work is of a high
standard. The work of counsellors, educators and mediators is closely
supervised and each must be trained and accredited before commencing work.
Marriage is important The decision to marry is one which should be taken only
after a lot of thought. Careful consideration will save you, your partner and
others much pain. The Family Court is there to preserve and protect the
institution of marriage, to give the family the widest possible protection and
assistance and to protect the rights of children and promote their welfare.
The Family Law Act says: . Marriage is 'the union of a man and a woman to the
exclusion of all others voluntarily entered into for life'. . The family is
'the natural and fundamental group unit of society'. It is a worthwhile goal
for all married people to try to achieve a strong marriage and family life. It
is most important that you pass on your loving and stable family life, your
pleasure and your wisdom about marriage to our next generation of Australians.
Some things you need to know Changing your name For many years it has been a
custom for a woman to change her surname to her husband's surname when she
marries. This is a widely practised custom, both in Australia and in other
societies. It is, however, a matter of choice. You are not legally required to
change your name and many women do continue to use their own surnames after
marriage. Taxation after marriage When you marry, the amount you pay for
taxation can change, sometimes less and sometimes more. If your spouse is not
earning any income, the amount you need to pay can change immediately you are
married. It is a good idea to contact the Australian Taxation Office, a tax
agent or an accountant before you marry to find out whether your tax will
change and to answer any questions you may have. Making a will If you are
married and die without a will, your spouse inherits all or some of your
property. If you already have a will before you marry, the marriage usually
means that the will no longer applies. It is possible to make a will before
you marry which continues to apply after you marry. This sort of will is not
affected by marriage. You can also make special provisions for your spouse and
any children you may have. A will made during a marriage may continue to have
effect after separation or divorce unless the person who made the will changes
it or remarries. The effect after divorce of a will made during a marriage is
governed by state and territory legislation and advice as to the effect of a
particular will after divorce should be sought from a solicitor. A solicitor
can show you how to make a will or change your current will. Joint ownership
If you and your future spouse want to put your money into property or some
other investment you will need to think ahead. You should first think about
whether you want each investment to be owned by both of you, or to be owned by
only one of you. Deciding ownership is important when buying a house, land, or
even putting your money into a bank account, an insurance policy or into
stocks and shares. All involve ownership.lf you want your investments to be
owned by both of you, there are two main ways to do this. Property owned
jointly by both of you automatically goes to the surviving spouse when the
other dies. Property owned as tenants in common does not automatically go to
the surviving spouse when the other dies. You can put it in your will for
someone else. Solicitors can advise you and answer questions on ownership.
Changes to old laws Because a new view has been taken of the old common law,
which says a husband and wife become one when they marry, many old laws have
been changed. For example, it is now possible for you to give evidence in most
courts where your spouse is involved. Also, marriage no longer stops a woman
from keeping ownership of her own property when she marries. Health and
welfare benefits If you receive health or welfare benefits, you will need to
contact such agencies as Health Insurance Funds, Social Security or other
Government Departments to tell them you have married. When you marry, the
money or benefits you receive can change. These offices can tell you how your
benefits will change. You may lose benefits and even be penalised if you fail
to tell them you have married within a reasonable time after the wedding.
Legal obligations When you marry, our laws expect each of you to: .
financially support any children from your marriage . look after the health
and welfare of your children . send your children to school between the ages
that apply in your state . financially support your spouse as best you can if
he or she cannot do so for any reason.
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