Australia has spoken and it’s a YES for same sex marriage equality!
Will this make a difference in the Family Law sector and any other industries?
The short answer is not really, unless you happen to work in the wedding industry of course.
Most professions have been dealing with heterosexual marriages for decades now, so we are perfectly able to deal with same sex marriages.
It does, however, create some urgent and important legal issues, particularly for couples that were validly married overseas.
As they are now recognised as legally married (in the same way that heterosexual overseas marriages are recognised), if either party has a Will signed before the marriage it will be automatically invalidated in Western Australia unless it was made in contemplation of marriage. If a new Will has not been done since their marriage, they should do so immediately as they are likely without a valid Will.
No further registration of the marriage is required, however, if either party wishes to change their last name, the Registry will likely require a formal change of name application to be lodged.
In the event that the marriage breaks down, superannuation will be considered as an asset, and will be able to be split as part of a property Settlement.
In the Family Law space, the interesting amendments will come at a State level, particularly if changes are made to the Artificial Conception Act 1985 and the Human Reproductive Technology Act 1991 in relation to who is a parent in that context.”
