The Centralian advocate Fri 21 Dec 2018
Centralian Advocate; NewspaperNT
2018-12-21
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English
Community newspapers -- Northern Territory -- Alice Springs; Tennant Creek (N.T.) -- Newspapers; Alice Springs (N.T.) -- Newspapers.; Australia, Central -- Newspapers
Nationwide News Pty. Limited
Alice Springs
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https://www.legislation.gov.au/Details/C2019C01210
https://hdl.handle.net/10070/306326
https://hdl.handle.net/10070/350071
22 LIFESTYLE FRIDAY DECEMBER 21 2018 CAVE01Z01MA - V1 MANY of the e-mails I receive are related to the marriage ceremony and all its implications. People have a great interest, whether a marriage is legal especially if one or both partys are not born in Australia. Over the next few columns we will look at the Attorney-Generals Guidelines on foreign marriage. We will look at: 1Legal recognition offoreign marriages in Australia 2Second marriage ceremonies, and 3Obtaining/authenticated foreign documents. Legal Recognition of Foreign Marriages in Australia (part9.1 of the Guidelines) Part VA of the Marriage Act deals with the recognition in Australia of marriages entered into outside Australia under foreign law. In general, if a marriage is recognised as valid under the law of the country in which it was entered into, at the time it was entered into, the marriage will be recognised in Australia as a valid marriage. This is the case whether or not the marriage involves Australian or nonAustralian citizens/ residents. A foreign marriage entered into outside Australia under a foreign law cannot be registered in Australia. Whether a foreign marriage is recognised as valid in Australia is determined by the Marriage Act. Exceptions to Recognition of Foreign Marriages (part 9.2 of the guidelines) General Exceptions: The Marriage Act provides that a marriage that is valid under the laws of another country is not recognised as valid in Australia if one or more of the following circumstances apply; Where one of the parties was already married to someone else. Where one of the parties was not of marriageable age. Where the parties are too closely related, under Australian law-that is, either as ancestor and descendant (including adoptive ancestor/ descendant relationships), or as brother and sister (including half-brother and half-sister and adopted brothers and sisters), or Where the consent of one of the parties was not a real consent due to: 1 duress or fraud 2 mistake, or 3 mental incapacity These circumstances mirror the grounds on which a marriage solemnised in Australia will be void. A ruling, or declaration, about whether a foreign marriage is recognised as valid in Australia, may only be made by order of the Family Court of Australia. If a person seeks assistance from a marriage celebrant about how to obtain such a declaration, the marriage celebrant should recommend that the person should obtain legal advise. The Access to Justice web page of the Attorney-Generals Department (AGD) website( http:// www.accesstojustice.gov.au) provides information on obtaining legal advice. If it is found that a marriage celebrant hasnt fully researched the validity of the couple to marry the consequences can be dire. It is an offence for a person to purport to solemnise a marriage in contravention of subsection 113(1). The penalty is $500 or 6 months imprisonment thats not very nice is it? This weeks Zip and Zap: Incorporate some aspect of your cultural background into your day. Annie Godde is an authorised marriage and civil celebrant Issues foreign marriages face Whether a foreign marriage is recognised as valid in Australia is determined by the Marriage Act. Picture: GETTY ask Annie HAVE you ever become consumed with professional jealousy or had a professional crush (full of awe for the skill and ability of someone else)? Unfortunately, it is only when these people behave in a way that really disappoints you that you are reminded that they are not that much different to us. American basketballer LeBron James is a sports hero to many, but he is only human and has his flaws. Picture: GETTY IMAGES Knock heroes down from their pedestals Time Tamer with Barbara Clifford Heres a way to drop them down a notch. Step One: Consider someone you admire or are in awe of. It can be someone in your immediate circle or it can be someone like Oprah Winfrey. Think about the people you become fixated on all the people you compare yourself to. Step Two: Write down all of the things that you really, truly admire in that person. Step Three: Now write down examples of where youve demonstrated the same or very similar skill. It may not be on the same scale or on the biggest platform like Oprah but where have you demonstrated the same skill. Write down exactly what it was, when it was. Step Four: Now heres the other really powerful part to this exercise. Who witnessed it? Who was there to see it. Perhaps it was just the dog or the cat if you cant think of anyone. Maybe it was a blow fly on the wall, but who actually witnessed it? Dont miss this important step. By doing this, your brain is formatting evidence that this trait you admire is true. This helps your brain to believe it to be true because of the evidence that you are forming. If someone witnessed it, it must be true; it must be fact. You trick your brain into believing that you are on an equal playing field with this person as well. And guess what? There are some things that this person does not do very well; you probably do them a whole heap better. You can share your thought or ideas on this topic with others www.territorybiztribe.com