Tasmanian Bills Fact Sheets Tasmanian Bills Fact Sheets[Index] [Search] [Download] [Bill] [Help]
FACT SHEET
SAME-SEX MARRIAGE BILL 2012
The Same-Sex Marriage Bill 2012 (the Bill) provides for the following:
· Marriage between adults of the same-sex and related matters;
· The registration of the marriage with the Registrar of Births Deaths
and Marriages;
· The approval and registration of same-sex marriage celebrants
by the Registrar of Births, Deaths and Marriages; and
· Proceedings for dissolution and nullity of same-sex marriages and
for adjustment of financial and property interests and spousal
maintenance.
The Bill specifies who may marry - that is people who are not already married,
are not related to each other and are over 18 years of age. There is no
provision for persons under 18 to marry. There are also provisions that ensure
parties must freely to consent to a marriage and that a marriage may be
void if consent to marriage was obtained by fraud or duress.
The Bill specifies how marriages are solemnised. This part of the Bill provides
for the form of ceremony, who may conduct a marriage ceremony (i.e.
authorised celebrants) as well as specifying the notices and declarations in
preparation for marriage and the issue of certificates of marriage.
The Bill specifies certain offences. These include marrying a person who is
already married, marrying persons not of marriageable age or if there is a
legal impediment, defective ceremonies and going through a ceremony
using an unauthorised celebrant.
The Bill establishes a State-based celebrant registration scheme, to authorise
celebrants who may perform same-sex marriages. In setting up a celebrant
registration scheme, provision has been made for performance reviews,
discipline, striking celebrants off the register and rights of appeal.
The Registrar of Births, Deaths and Marriages will be responsible for
administering the celebrant register and same-sex marriage register.
The Bill provides for dissolution and nullity of same-sex marriages. The
provisions allow for the Supreme Court to make dissolution orders and
declare marriages to be void. The grounds for dissolution are the irretrievable
breakdown of a relationship and this is evidenced by 12 months separation.
CA
2
The Bill allows the Supreme Court or the Magistrates Court to make orders to
adjust interests in property acquired in the same-sex marriage, make orders
for spousal maintenance and deal with financial agreements that may have
been entered into before and after a same-sex marriage - which court will
depend on the jurisdictional financial limits of the court concerned.
The Bill also contains miscellaneous provisions providing for the making of
regulations, rules of court, restriction on reporting of matters before the Court
and some consequential amendments to other acts.