|
FURTHER LEGAL CONSIDERATIONS
Before the Wedding....
Pre-Nuptial Agreements
It is becoming increasingly popular and much more acceptable for a couple to enter into a ‘pre-nuptial’ agreement. This is a legally binding financial agreement made prior to the marriage prepared with independent legal advise which specifies how your property and/or spouse maintenance will be arranged in the unfortunate circumstances of you separating.
After the Wedding.....
As a legally married couple, there are many more legalities than being single, the following need to be considered.
Changing your name
Once married, the wife traditionally changes her surname to that of her husband. This custom is popular but no longer a legal requirement of marriage. Many women today choose to keep their own surname or hyphenate their surname with their husband’s. If you wish to hyphenate your name, you will need to apply for a registered change of name certificate through the State Registry of Births, Deaths & Marriages Department. This is entirely a personal choice, but one you and your partner should discuss and agree upon. Choosing to keep your own name or hyphenate your two names will lead to discussions later on regarding your children’s surnames. This is an important decision, both in legal and family terms. You must also remember to change your name on all official documents such as your driver’s licence, passport and bank accounts. For this you will need to apply to the State Department of Births, Deaths & Marriages for a Registered Marriage Certificate. Remember you may also need to change your beneficiaries on your superannuation after you are married.
Taxation after marriage
Taxation can change after you are married. As taxation is an involved issue, with everybody’s case an individual one, it is best to contact the Australian Tax Office, a tax agent or your accountant to evaluate how your tax and financial arrangements will be affected by your marriage.
Making a will Right now, making a personal will is probably not foremost in your mind but it is an important issue and needs to be addressed. If you are married and unexpectedly die without a will, your spouse will inherit all your property unless there are children of the marriage in which case the spouse and the children will share the estate.
Any will made previous to your marriage will no longer apply. If you are concerned about beneficiaries to your property, seek the advice of your solicitor to professionally make changes to your will.
Health and Welfare Benefit
Marriage also affects health and welfare benefits. If you receive any of these benefits, you must advise various agencies if you marry – you may lose benefits and even be penalised if you fail to promptly do so.
These agencies include Health Insurance Funds, Centrelink and other Government Welfare Departments. Contact them before the wedding to determine your responsibilities and to evaluate how, if at all, your benefits will change.
If you are considering children immediately, you may need to change your health insurance from a single to a family status.
Family Ties
The family is an important group in Australian law. Australian laws expect a married person to financially support any children from the marriage. This includes looking after their health and welfare and ensuring they get the correct education.
Music, Poetry.. Copyright Issues
I have a licence for the reproduction of musical work and sound recordings for the use of music within the ceremony only.
Find out who it is that has the copyright for anything other than the music. You will find this information at...
and they will give you advice as to whether you can get a licence through them. It is advisable to do this as early as possible so that you have all the legalities sorted out well in advance of the ceremony.
Disclaimer:
| i |
I have taken every possible action to make sure that the music played is covered by my licence. |
| ii |
If it isn’t covered by my licence then the couple have been made aware of this and they take full responsibility for their actions. |
| iii |
The couple also accept that any repercussions for their decision and the use of any unlicenced material is their responsibility. |
| 