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How does the law regarding Gay Marriage in Australia get changed

"How does the law regarding Gay Marriage in Australia get changed?"

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How does the law regarding Gay Marriage in Australia get changed?

Related to Legalities

To change the law regarding Gay Marriage in Australia, a Bill (a proposal for a law or a change to an existing law) is introduced in the Senate. The Bill becomes law (an Act) when agreed to in identical form by both houses of Parliament and assented to by the Governor-General.

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Same Sex Unions Same Sex Unions
How does the law regarding Gay Marriage in Australia get changed? How does the law regarding Gay Marriage in Australia get changed?
 

Do you think the law regarding same sex and gay marriage will ever change in Australia?

Related to Legalities

Yes, I do think the law regarding same sex marriage in Australia will change. The influence of the Catholic Church on social beliefs has largely dimininished over the past 50 years in Australia, paving the way for more expansive views.

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Same Sex Unions Same Sex Unions
Do you think the law regarding same sex and gay marriage will ever change in Australia? Do you think the law regarding same sex and gay marriage will ever change in Australia?
 

How long will it be before the law regarding Gay Marriage in Australia is changed?

Related to Legalities

My belief is that the laws regarding Gay Marriage in Australia will be drmatically constested over the next decade, with a possible modification to the Australian Marriage Act.

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How long will it be before the law regarding Gay Marriage in Australia is changed? How long will it be before the law regarding Gay Marriage in Australia is changed?
 

Do I need to change my name after I am married?

Related to Legalities

No. Women who are married under Australian Law automatically have ther name changed, because the Offical Marriage Certificate acts as a psuedo name change certificate.

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What does the term Impediment mean with regard to getting married?

Related to Legalities

The term Impediment refers to any obstruction or hindrance (that may prevent the marriage from proceeding legally).

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What does the term Impediment mean with regard to getting married? What does the term Impediment mean with regard to getting married?
 

If I get married overseas in a country or state that allows same sex gay marriage, will it be recognised in Australia?

Related to Legalities

No, not at present (2016). In order for a gay marriage to be recognised by the Australian Government, the law (in Australia) would need to be changed accordingly. Gay couples who are married overseas are not recognised as married under Australian Law, however a gay couple is considered to be married by any country that currently allows legal same sex marriage.

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Same Sex Unions Same Sex Unions
If I get married overseas in a country or state that allows same sex gay marriage, will it be recognised in Australia? If I get married overseas in a country or state that allows same sex gay marriage, will it be recognised in Australia?
 

Which Act needs to be modified in order to allow same sex gay marriage in Australia?

Related to Legalities

The Act that needs to be modified to allow same sex gay marriages (in Australia) is the Australian Marriage Act 1961.

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Which Act needs to be modified in order to allow same sex gay marriage in Australia? Which Act needs to be modified in order to allow same sex gay marriage in Australia?
 

Are you an advocate of Gay and Same Sex Marriages?

Related to Legalities

Yes, I fully support the rights of gay and same sex couples to marry in Australia.

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Are you an advocate of Gay and Same Sex Marriages? Are you an advocate of Gay and Same Sex Marriages?
 

Is it illegal for same sex couples to be married in Australia?

Related to Legalities

Yes, the Australian Marriage Act 1961 does not currently recognise same sex marriages.

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Is it illegal for same sex couples to be married in Australia? Is it illegal for same sex couples to be married in Australia?
 

What does the term Legally Binding mean with regard to Marriage?

Related to Legalities

This means that the marriage must be followed according to legal provisions. Since marriage is a contract between 2 people, the word 'binding' ensures that the terms of the contract are adhered to.

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What does the term Legally Binding mean with regard to Marriage? What does the term Legally Binding mean with regard to Marriage?
 

What makes a gay same sex marriage different to a heterosexual marriage in Australia?

Related to Legalities

Firstly, gay same sex marriages are generally referred to as a committment ceremonies, and secondly there is no legal paperwork. The wording during a gay union must be different to a legal civil union, whilst there is also no government marriage certificate issued. There is also no filing with Births Deaths and Marriages after the ceremony, because the Australian government does not currently recognised gay same sex marriages as legal.

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What makes a gay same sex marriage different to a heterosexual marriage in Australia? What makes a gay same sex marriage different to a heterosexual marriage in Australia?
 

When the law eventually changes will the same rules apply to gay couples that already apply to heterosexual couples?

Related to Legalities

The Australian Marriage Act 1961 is quite explicit regarding the basic rules for marriage. I expect the rules will be the same for gay same sex couples. There are 3 fundamental rules that determine if you qualify to be married under Australian Law: 1) You cannot be married to anyone else, 2) You must not be directly related to the person you wish to marry, 3) You must be over the age of 18.

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When the law eventually changes will the same rules apply to gay couples that already apply to heterosexual couples? When the law eventually changes will the same rules apply to gay couples that already apply to heterosexual couples?
 

If the State I live in recognises gay marriage am I legally married?

Related to Legalities

No. The Australian Marriage Act 1961 is a federal law, meaning that the States effectively have no power to change it (this must be done by the senate that sits in Canberra). Federal law covers the nation, whereas state-law is specific to that state only.

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If the State I live in recognises gay marriage am I legally married? If the State I live in recognises gay marriage am I legally married?
 

Can we live together prior to marriage?

Related to General

Yes, 80% of couples getting married in Australia (according to 2012 statistics), live together prior to marriage.

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Can we live together prior to marriage? Can we live together prior to marriage?
 

How long does it take to get our Official Marriage Certificate after we are married?

Related to Marriage

The office of Births Deaths and Marriages take about 10 days to produce your official marriage certificate, once the they take receipt of the paperwork from the Celebrant.

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How long does it take to get our Official Marriage Certificate after we are married? How long does it take to get our Official Marriage Certificate after we are married?
 

Does Australia recognise foreign marriage?

Related to Legalities

Yes, as long as the marriage was conducted legally in the country of origin, and that an original marriage certificate can be produced. However, there remains certain types of marriages that are not recognised in Australia, such as Same Sex unions, and underage (under 18) marriages.

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Does Australia recognise foreign marriage? Does Australia recognise foreign marriage?
 

How do we go about getting married in Australia?

Related to Visa Immigration

I am an International Marriage Consultant, so I can assist you every step of the way to being legally married in Australia.

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Can you legally marry us outside Australia?

Related to General

No. For marriages to be legal in Australia, the ceremony must be solemnised within Australia or within Australian territorial waters.

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Can you legally marry us outside Australia? Can you legally marry us outside Australia?
 

What if a husband wants to take his wifes name?

Related to Legalities

If a husband wants to take his wifes name, he would have to physically change his name via a 'Change of Name Certificate'.

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What if a husband wants to take his wifes name? What if a husband wants to take his wifes name?
 

Is the wording in a gay same sex committment ceremony different to a legal wedidng ceremony?

Related to Legalities

Yes, it is illegal for me to use words from the Montum and Legal Vow section of the Australian Marriage Act when marrying gay same sex couples.

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Is the wording in a gay same sex committment ceremony different to a legal wedidng ceremony? Is the wording in a gay same sex committment ceremony different to a legal wedidng ceremony?
 

What is a NOIM?

Related to Legalities

The NOIM (Notice of Intended Marriage) is the primary document required under Australian Law, used to notify the government that you wish to be married.

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What is the Celebrants Code of Practice?

Related to Legalities

The Celebrants Code of Practice outlines the obligations, requirements and penalties associated with Civil Marriage Celebrants and non-secular Celebrants under Australian Law.

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Why are there 3 Marriage Certificates?

Related to Certificates

This is because one is sent to Births, Deaths and Marriages, one gets kept by the Celebrant, and one is given to the couple getting married.

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Can we change our Legal Vows?

Related to Vows

No, legal vows cannot be changed (but personalised vows can).

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If my State acknowledges Civil Unions does that mean Gay Marriage is Legally Binding in my State?

Related to Legalities

Whilst your State may acknowledge Civil Unions, marriage between same-sex couples is not legally binding, because the Marriage Act 1961 is Federal Legislation (as apposed to State Legislation).

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If my State acknowledges Civil Unions does that mean Gay Marriage is Legally Binding in my State? If my State acknowledges Civil Unions does that mean Gay Marriage is Legally Binding in my State?
 


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