Getting married changes
your relationship status in the eyes of the
law. It's a significant milestone. Being
legally married comes with a range of rights
and responsibiities.
While the Australian government grants couples
in a de facto relationships many of the same
rights and responsibilities as married
couples, there is a greater burden of proof
required for de facto status. To prove you are
married all you need is the official marriage
certificate you obtain from Births, Deaths,
and Marriages in the state in which you were
married, or from the overseas country in which
you were married.
Things that marriage
automatically changes
- You will each become the other's next
of kin
- Your inheritance rights will
change, making you entitled to a certain
percentage of your spouse's estate should
they die without a will
- The validity of your will made
before you got married (unless made in a
certain way, it will become void)
- How Centrelink calculates your benefits
(don't forget that you are required to
notify Centrelink of your change in
status)
- Your responsibility for any debts
incurred by your spouse during the
marriage.
- The obligation to support your spouse
financially, including potential
spousal maintenance after separation.
- The right to make decisions regarding
medical treatment and end-of-life care for
your spouse.
Things that
marriage does not change
Not so long ago, a woman
automatically lost many rights on marriage.
Thankfully those days are past and getting
married in the 21st century won't change the
legal identity, assets, and liabilities of
either of you, or the right to maintain your
own individual identity and autonomy within
the marriage, or
- to hold down a job
- to open a bank account in your own name
without your spouse countersigning
- to have a credit card in your own name
- to own property and assets separately
from you spouse
- to retain your surname or to change it
to your spouse's surname
- to combine finances and assets with your
spouse or to keep them separate
- to decide whether or not to have
children
- the responsibility to provide for and
raise children of the marriage together
- consent to intimacy (consummation of a
marriage is not a legal requirement in
Australia)
- to leave the marriage
- to apply for a divorce
In Australia, there is also no such
thing as a joint tax return; every individual
is responsible for completing their own
individual tax return. However, if you get
married you are required to notify the
Australian Tax Office on your next tax return.
Being married to an Australian citizen does
not
- automatically change your visa status,
or
- give you the right to enter Australia,
live in Australia, or gain Australian
citizenship