Legally Speaking
Deciding to get married is a very important step in your life and should therefore be very carefully thought out. Remember, marriage is a legal state. The Family Court, there to protect the institution of marriage, says that marriage is ‘the union of a man and a woman to the exclusion of all others voluntarily entered into for life”.
Like most of the important things in your life, getting married and marriage itself have laws that apply to them and legal consequences. It is important to know where you stand legally so we have taken a look at some of the most important procedures that need to be observed.
Are you old enough?
If both partners are over 18, getting married is very straightforward. However if one partner is under 18 years of age, the legal road ahead is going to be a little rockier. No one under the age of 16 is permitted to marry in Australia. Neither are you permitted to marry if both partners are under the age of 18. However, if one partner is under 18 but older than 16, you must have parental or guardian consent and a magistrate’s or judge’s order before you may be married.
Official Requirements
You must lodge a Notice of Intended Marriage no later than a full calendar month and not earlier than 18 months before your wedding date. This waiting period is to prevent ’spur of the moment’ marriages, giving partners time to reconsider their decision. In exceptional cases, this waiting time may be waived, for a fee, by the ‘prescribed authority’ (usually the state Registrar of Births, Deaths and Marriages).
Your church or civil celebrant or registry office will provide you with the Notice of Intended Marriage. This document can also be downloaded from the Attorney General’s website www.ag.gov.au. Once you have lodged your Notice of Intended Marriage, you have started the legal marriage process.
Before your wedding you will need to provide the following documents:
An original birth certificate or original extract of birth certificate as proof of your date and place of birth. If your birth certificate is not in English, unless your celebrant is able to read languages other than English, your documentation must be a certified translation. For people born in Australia it is obligatory to produce a birth certificate. If you were born outside Australia, an overseas passport is acceptable.
A decree absolute or death certificate as proof that any previous marriage has been terminated.
It is usual that the person with whom you lodge your Notice of Intended Marriage will conduct your ceremony. However, this document may be transferred to another celebrant should circumstances deem it necessary.
Your celebrant, whether religious or civil, is important - not only as a legal representative, but also as the one who will ensure your ceremony has meaning and beauty. You will come to know them well, so choose someone you both feel comfortable with and trust to carry out their role professionally.
Your celebrant is responsible for ensuring you have fulfilled all legal requirements prior to your celebration and after your ceremony she or he is responsible for lodging your completed Notice of Intended Marriage and Certificate of Marriage with the appropriate Registry of Births, Deaths and Marriages. Additional documentation to be prepared and signed includes your Wedding Certificate and the Marriage Register that both bride and groom, two witnesses (usually your chief bridesmaid and head groomsman) and the marriage celebrant must all sign after the ceremony.
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
You are now a legally married couple and you will find there are many more legalities than being single.
Changing your name
Once married, the wife traditionally changes her surname to that of her husband’s. 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. 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.
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. 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 or change your will.
Health and welfare benefits
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.
Wedding Preparation Checklist
The checklist below contains a guide that should help you in planning and scheduling your wedding related tasks:
6-12 MONTHS BEFORE THE WEDDING
Reserve the date with your florist, photographer, videographer and disk jockey
Set the date and time of the wedding
Reserve the location
For church and synagogue weddings, visit appropriate clergy members.
Establish the wedding budget
Choose attendants, honor attendants and ushers
Order your wedding invitations and announcements
Pick out the Bride’s gown and headpiece
Shop for attendant’s attire and accessories
Establish a color scheme
Order your wedding rings
Register for china, silver and crystal patterns and other home gifts
2-4 MONTHS BEFORE THE WEDDING
Meet with your florist to order your wedding flowers. (Bring a sketch or photo of your dress and color swatches of your bridesmaids’ dresses.)
Address all wedding invitations and announcements
Plan rehearsal dinner
Arrange lodging for out-of -town guests and attendants
Select music and meet with disk jockey, videographer and photographer
Have your wedding portrait taken
Order the wedding cake
4-6 WEEKS BEFORE THE WEDDING
Contact your florist for an appointment to review your order
Send “thank you” flowers to the hosts of your pre-wedding parties
Mail your wedding invitations
Have the final fitting of your gown
Meet with the photographer, videographer and disk jockey to update them on the details
Arrange special transportation for the wedding party
Select the groom’s gift
Prepare seating chart for reception guests
Write thank-you notes for shower gifts and wedding gifts as they arrive
Place announcement in local newspapers
2 WEEKS BEFORE THE WEDDING
Make final check with your florist. (Double check delivery times and locations.)
Order “thank-you” flowers to be sent to parents after the wedding
Obtain the marriage license
Make name changes on bank accounts and official documents
Keep a list of wedding gifts and their senders as they arrive
Finalize seating chart for reception guests
1 WEEK BEFORE THE WEDDING
Give the final guest count for the reception to the reception coordinator
Arrange pick up of guests and attendants arriving at airports
Enjoy the benefits of good planning and a have a beautiful wedding day!!
Getting Married In Vermont
This information sheet was prepared to help you plan your Vermont wedding. If you have questions that are not answered, contact your Town Clerk or the Vital Records Unit of the Vermont Department of Health.
Do We Need a Marriage License?
Yes. Before your ceremony, you will need to purchase a Vermont marriage license. It must be presented to the officiate before your marriage is performed. While your license may be purchased up to two months before your ceremony, it “becomes void sixty days from date of issue if the proposed marriage is not solemnized.”
No.
Where Do We Get a Marriage License?
If both bride and groom are Vermont residents, you may go to the town clerk in either of your towns of residence. If just one of you is a resident, you must go to the town clerk of the town where the Vermont resident currently resides.
What If We Are Not Vermont Residents?
First, decide where in Vermont you wish to be married. Out-of state residents must buy their license in the county where they plan to marry. Any town clerk in that county can issue the license.
How Much Does a Vermont License Cost?
A Vermont marriage license costs $20.00.
Who May Be Married in Vermont?
A man and a woman who are each at least 18 years old may marry in Vermont. If you are at least 16, but under 18, you will need the consent of a parent or guardian. Your parent or guardian should accompany you to the town clerk’s office to sign an affidavit giving you permission to marry. The affidavit is on the back of the marriage license and is a legal part of the License. If one or both of you are under the age of 16 and a Vermont resident, you may not be married in Vermont unless you first furnish the town clerk with a certificate from a probate, district, or superior court judge of the district or county in which the underage person resides. If the underage person is not a Vermont resident, you must furnish the town clerk with a certificate from a judge of the district or county in which the marriage will take place. By Vermont law, no one under the age of 14 may marry in Vermont. (18 VSA, Û 5142)
Are There Any Other Marriage Restrictions?
Anyone under guardianship may not marry without the guardian’s written consent. Vermont also does not allow marriage between most close relatives. You cannot marry your mother, father, grandparent, sister, brother, grandchild, niece, nephew, aunt, or uncle. First cousins who are Vermont residents or residents of another state where marriage between first cousins is allowed may marry each other in Vermont. You cannot marry in Vermont to evade the laws of the state where you live. You cannot marry if either of you is currently married to someone else. The law also requires that both parties be of sound mind.
What Information Do We Need to Purchase a Marriage License in Vermont?
You must know your legal town of residence and your place and date of birth; you will also need to know your parents’ names, including your mother’s maiden name, and the states where your parents were born. (A certified copy of your birth certificate can supply most of this information.) Vermont law requires that at least one of you must sign in the presence of the town clerk, certifying that all facts are correct; however, most town clerks prefer to see both of you in person before issuing your license to marry, as the law requires that they satisfy themselves that you are both free to marry under Vermont laws. They may legally ask to see documented proof of your statements, for example birth certificates, divorce decrees, etc. (lBVSA,Û5141)
What Statistical Information Will I Need to Provide?
You will need to provide information about your race, the highest grade you completed in school, the number of times you have been married and how your previous marriage(s), if any, ended. This information does not become part of the marriage certificate.
What if Either of Us Has Been Married Before?
If you are a widow or widower, you are free to many. You will be asked the date your spouse died. If you are divorced, you may remarry after the date on which your previous marriage is dissolved.
Can a Marriage License Be issued Through the Mail?
No.
Can We be Married by Proxy?
No.
Is There a Waiting Period?
No.
Where Can We Get Married?
A Vermont license is valid only for a marriage performed in Vermont. If you are a Vermont resident or are marrying a Vermont resident, you may be married anywhere in Vermont. If you are not a Vermont resident, you must be married in the county where your license is issued.
Who May Marry Us?
A judge, supreme court justice, assistant judge, justice of the peace, or an ordained or licensed minister, rabbi or priest residing in Vermont or authorized by their denomination may perform your ceremony. A priest, rabbi, or minister from another state may perform your ceremony if he or she first obtains a special authorization from a probate court in the district where the marriage will take place.
What Do We Do with the License?
By law, you must deliver the license to the person who will conduct your wedding ceremony before the marriage can be performed.
Do We Need Witnesses?
Vermont law does not require witnesses. If you are planning a religious ceremony, check with your church or synagogue to see if religious tenets require witnesses for your marriage.
What Happens to the License after the Ceremony?
After the ceremony, the person who performs the ceremony (officiate) will complete the sections concerning the date, place and officiate information, and sign your license. It must then be returned by the officiate to the town clerk’s office where it was issued within ten (10) days, so that your marriage may be officially registered. It is not a complete legal document, useful for passports, Social Security, etc., until it has been recorded in the town clerk’s office where it was purchased.
How Do We Get a Copy of Our Marriage Certificate?
There are two ways to obtain a copy of your marriage certificate:
(1) When you purchase your license, you may arrange with the town clerk to mail you a certified copy of your certificate as soon as your marriage is recorded. The cost will be $25 ($20 for the license and $5 for the certified copy);
(2) Two weeks or more after the ceremony, you may request, in person or in writing, a copy from the town clerk’s office where you purchased your license; or six or more weeks after your ceremony, you may request, in person or in writing, a certified copy from the Vermont Department of Health, Vital Records Unit, 108 Cherry Street, P.O. Box 70, Burlington, Vermont 05402. Either way, the fee is $5.00, and you will receive a copy of the original certificate, embossed with the Town or state seal and signed and dated by the appropriate official. These certified copies are accepted for all legal purposes.
Juniper Hill Inn is among New England’s premiere romantic destinations for elopements, Vermont weddings and civil unions. Our hilltop setting offers one of Vermont’s most spectacular vistas of lake, forest and mountain.
Juniper Hill Inn has been featured in “The Best Places to Kiss in New England” and selected a “Romantic Hideaway” by the “Discerning Traveler”. We have been featured in a major review from the Sunday Boston Globe entitled, ” You Can’t Help But Feel Romantic”.
Weddings at Juniper Hill Inn are very special occasions. We can accommodate up to 125 people under a tent on the front lawn with incredible views. Each event is highly customized to suit your needs. We challenge you to find more elegant or spectacular setting in Vermont!
Robert will be your personal “wedding concierge” and assist in coordinating your special event from the customization of beverage service to the recommendation of experienced vendors. We maintain an extensive list of quality suppliers of flowers, caterers, bakers, photographers or whatever you may need. We can even direct you to very special non-denominational New England church minutes from Juniper Hill Inn. It is the ideal setting for a New England wedding.
Please note whether your wedding party is for 6 people or 125 people, we will use our considerable experience and expertise to make your wedding effortless and memorable. Please contact us at 800-359-2541 for additional information or to arrange a tour of our very special property. Weddings are reserved well in advance - please call to secure your favorite date.
