Are you flirting with the idea of an overseas elopement, but aren’t sure if you’ll need to remarry when you get back home? Or perhaps you’re already married and need to know if your overseas union is recognised in Australia? If so, this blog is for you!

According to the Marriage Act of 1961, if your marriage was valid under the laws of the country in which you were initially married, it will usually be recognised by the Australian government, and you won’t have to remarry. 

To have your marriage recognised, you’ll need to show your original marriage certificate, a certified copy, or a “record of marriage issued by a competent authority in a foreign country” to your local births, deaths and marriages registry.

Reasons Your Marriage Won’t Be Recognised

Sometimes an overseas marriage won’t be valid in Australia, either because it isn’t a proper legal contract or it doesn’t fit the Australian government’s definition of marriage.

Your overseas marriage may be invalid if:

  1. One of the parties wasn’t of marriageable age in Australia: Both parties must be at least 18 years old unless a court has approved a marriage where one party is aged between 16 and 18 years old.
  2. One of the parties was married to someone else at the time of marriage: This is known as bigamy, and in Australia it is an offence punishable by up to 5 years imprisonment.
  3. Parties are too closely related to marry: You can’t marry your parent, grandparent, child, grandchild or sibling.
  4. There is no consent: Marriages that are obtained by duress or fraud, because of a mistaken identity, with a party that didn’t understand the nature of the agreement they were entering into or with a party that was mentally incapable of consenting are all invalid in Australia.

Does Marrying an Australian Automatically Give Me Rights to Live There? 

Marriage doesn’t mean you automatically can live in Australia – you still need to be approved for a valid partner visa.

To find out more about family or migration law, contact Phoenix Law & Associates on 07 3607 3274 for an obligation-free confidential discussion, or email us at info@phoenix-law.com.au.

Grit, determination and the right amount of funding aren’t all that it takes to successfully go into business with someone. No matter how solid your partnership may seem at the outset, you need to nut out a few basic legal agreements before you start operating a business together.

This month we asked business owners what they wish they’d done before partnering – and their answers all revolved around one thing: Partnership agreements

1. Detailed Job Descriptions

You wouldn’t start a new job without a clear outline of what your responsibilities are going to be, and entering into a business partnership is no different.

The number one thing the business owners we polled said they wish they’d done differently was creating a partnership agreement with specific job descriptions and KPIs. 

From angel investors with no hands-on responsibilities to partners using their skills in the day-to-day operation of the business, all parties must have a clear understanding of what’s expected of them from the outset and what will happen if they fail to meet their obligations.

2. Mandatory Background Checks

Knowing who you’re going into business with is said to be more important than knowing who you’re marrying – especially if you’re a general partner with unlimited liability!

The business world is littered with people who didn’t realise the type of person they were partnering with until it was too late. Including a stipulation that requires partners to undergo police, background and credit history checks is a simple way to lower your chances of being taken for a ride.

3. Exit Strategy

People new to the business world have a bad habit of viewing an exit strategy as a sort of prenup – if we create one, we’re just setting ourselves up for failure. However, in reality, there are many reasons why someone might want to exit the partnership, and they have nothing to do with failure! Families can grow or fall apart, new opportunities in different cities and countries present themselves, health changes, and sometimes business just isn’t what one of the partners expected it to be.

It’s crucial for all partners to understand and agree to a set of rules governing how the partnership may be dissolved including:

  • How partners can retire
  • What the business will do in the event of a death, permanent injury, bankruptcy or divorce of a partner, and;
  • How a partner that doesn’t tow the line can be expelled

If you need a partnership agreement drawn up or simply want more advice on business structures and partnerships, contact Phoenix Law & Associates on 07 3607 3274 for a confidential discussion, or email us at info@phoenix-law.com.au.

February may be the month for romance, but when it comes to relationship law, love cannot afford to be blind.

In this blog, we debunk the top three legal myths our family lawyers hear, and explain why believing them can cost you more than you’d think!

Myth #1: Consent is the only law I need to worry about when it comes to sex.

When it comes to who you can and can’t have sex with, and how you go about doing so, there are a number of laws you need to know about:

Age: In Queensland, it is illegal to conduct sexual activity with anyone under 16 years of age. These ages vary state to state, however, which is important to know if you plan on going on a weekend getaway with your love this Valentines Day.

Sexting: While the age of consent is 16, it’s still illegal to possess sexual images of anyone under 18 – something that all teenagers need to be aware of in the smartphone era!

STI Disclosure: If you knowingly expose a sexual partner to an STI you may be held accountable under the Public Health Act. Furthermore, if the person contracts a serious condition like HIV from you, you could be charged with grievous bodily harm or face civil action if you knew you had the condition.

Myth #2: When you’ve been living together as a couple for two years, there is a relationship law that says you get half of the other person’s stuff if you break up.

The laws surrounding a de facto “divorce” are a lot more complicated than this common urban legend implies.

What you may be entitled to when your relationship ends will depend on many factors including:

• What assets/property/money you brought into the relationship to begin with Whether you made any “significant contributions” to an asset (e.g. your labour spent renovating a house)

• How long you were together

• If you have children together

De facto separations rarely end in an even 50/50 split, which is why it’s a good idea to get legal advice.

Myth #3: Your will remains a valid legal document even after you’ve married.

Most couples don’t realise that once they officially tie the knot, any wills that either party had in place beforehand become invalid.

If you don’t want the majority of your estate going to your spouse, you need to update your will.

This law is particularly relevant for anyone who has children from a previous relationship.

For more information about how to protect yourself in a relationship, or to find out how family law affects you or your children, get in touch with our friendly team today by dialling 3607 3282 emailing info@phoenix-law.com.au or filling out our simple online contact form.