As was the case for other western countries marriage in Australia for most of the 20th century was done early and near-universally, particularly in the period after World War II to the early 1970s. Marriage at a young age was most often associated with pregnancy prior to marriage.
Marriage was once seen as necessary for couples who cohabited. While such an experience for some couples did exist, mostly because it is hard to detect, it was relatively uncommon up until the 1950s in much of the western world. If both partners are under the age of 18, marriage in Australia is not permitted. In 'exceptional circumstances' the marriage of persons under 18 but over 16 may be authorised by a court.
The official registration of marriage is the responsibility of each state and territory. A Notice of Intended Marriage is required to be lodged with the chosen celebrant.
According to a 2008 Relationships Australia survey love, companionship and signifying a lifelong commitment were the top reasons for marriage.
Video Marriage in Australia
History
In colonial New South Wales marriage was often an arrangement of convenience. For female convicts, marriage was a way of escaping incarceration and land leases were denied to those who were unmarried.
Until 1961, each Australian state and territory administered its own marriage laws. The Marriage Act 1961 (Cth) was the first federal law on the matter and set uniform Australia-wide rules for recognition and solemnisation of marriages. In its current form, the Act recognises only monogamous (heterosexual or same-sex) marriages and does not recognise any other forms of union, such as traditional Aboriginal marriages, or polygamous marriages.
The Family Law Act 1975 (Cth) made it easier to divorce and removed the concept of fault, requiring only a twelve-month period of partners' separation. The 1970s saw a significant rise in the divorce rate in Australia. A change in social attitudes from divorce being only acceptable if there were severe problems towards divorce being acceptable if that is the preference of the partners is attributed to this change.
In 2004, the Liberal Howard Government enacted the Marriage Amendment Act 2004 to expressly ban same-sex marriages being performed within Australia. It defined marriage as "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life".
Until the enactment of the 2004 Amendment, there was no definition in the 1961 Act of "marriage", and the common law definition used in the English case Hyde v Hyde (1866) was taken as applicable. The definition pronounced by Lord Penzance in the case was: "I conceive that marriage, as understood in Christendom, may for this purpose be defined as the voluntary union for life of one man and one woman, to the exclusion of all others". The 2004 Amendment also banned the recognition of same-sex marriages performed in a foreign country. The definition of marriage was added to the wedding ceremony speeches as a monitum, and without it, ceremonies would be considered invalid.
In 2009, the Labor Rudd Government enacted the Family Law Act 2009 which recognised the property rights of each partner of a de facto relationship, including a same-sex relationship, for the purposes of the Family Law Act 1975.
The 2014 Marriage Amendment (Celebrant Administration and Fees) Act amended the Marriage Act 1961 in relation to celebrants, and for other purposes.
The 2017 Marriage Amendment (Definition and Religious Freedoms) Act again changed the definition of marriage under the Marriage Act 1961, replacing the words "a man and a woman" with "2 people" and therefore allowing monogamous same-sex marriages. The Act also reversed the 2004 Amendment and retrospectively recognised same-sex marriages performed in a foreign country, provided that such marriages were permitted under the laws of that foreign country.
Maps Marriage in Australia
Social change
In 2009, the Australian Bureau of Statistics notes that "The proportion of adults living with a partner has declined during the last two decades, from 65% in 1986, to 61% in 2006". The proportion of Australians who are married fell from 62% to 52% over the same period.
Common-law marriages have increased significantly in recent decades from 4% to 9% between 1986 and 2006. It is often a prelude to marriage and reflects the shift to attain financial independence before having children. In 2015, 81.0% of all those marrying had been living together.
Since 1999, civil celebrants have overseen the majority of marriages. In 2015, 74.9% of marriages were solemnised by a civil celebrant.
The Commonwealth Public Service placed a bar on employment of married women meaning that married women could only be employed as temporary staff. Any female employee was required to resign upon marrying. This bar restricted female promotion opportunities. This bar was lifted in 1966.
In 1971, more than three quarters of women surveyed placed being a mother before their career. By 1991 this figure had dropped to one quarter. By the 1980s the trend towards a delay of first marriage in Australia was evident. In 1989, more than one woman in five had not married by the age of 30.
Divorce in Australia
The crude divorce rate was 2.0 divorces per 1,000 estimated resident population in 2014 and 2015, down from 2.1 in 2013. The median duration from marriage to divorce in 2015 was 12.1 years with a median age at divorce for males was 45.3 years of age and the median age of females was 42.7 years of age.
Same-sex marriage
Same-sex marriage became legal in Australia in December 2017, after the Federal Parliament passed a law legalising same-sex marriage.
The Marriage Amendment Act 2004 defined, for the first time by statute, marriage as "the union of a man and a woman to the exclusion of all others, voluntarily entered into for life." This was in response to a lesbian couple getting married in Canada and applying for their marriage to be recognised in Australia.
Since 2009, same-sex couples have been included in Australia's de facto relationship laws, unions which provide couples with most, though not all, of the same rights as married couples.
Same-sex and opposite-sex couples can also access domestic partnership registries in New South Wales, Tasmania, South Australia and Victoria. Civil partnerships/unions are performed in Queensland and the Australian Capital Territory. Western Australia and the Northern Territory do not offer recognition of civil unions, civil partnerships or a relationship register, but do recognise the unregistered cohabitation of de facto couples under their laws.
The Australian Marriage Law Postal Survey was a nationwide survey on same-sex marriage held in Australia between 12 September and 7 November 2017. As the survey shares some characteristics with a plebiscite, it is also informally referred to as a plebiscite or postal vote. The survey returned a 61.6% "Yes" response in favour of same-sex marriage, and the Marriage Amendment (Definition and Religious Freedoms) Act 2017, which amends the definition of marriage and legalises same-sex marriage in Australia, passed the Parliament on 7 December 2017. The bill received royal assent the following day and went into effect on 9 December 2017.
See also
- Marriage Act 1961 (Australia)
- Australian Aboriginal kinship
- Australian family law
- Celebrant (Australia)
- Polygamy in Australia
- Same-sex marriage in Australia
- Voidable marriages (Australia)
References
External links
- Getting married - Government information
- Births, deaths and marriages registries - Government information
Source of article : Wikipedia
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