The Legal Effect Of Same Sex Marriage Equality

Unless you have missed something, you will likely be aware that Australia recently passed legislation legalising same sex marriages.

The new laws became effective on 8 December 2017.

Whilst this is a great outcome for equality, there are some legal issues that you may need to consider.  Under the Marriage Act the minimum notice period is one month.  Thereafter the first, legally effective same sex marriage may take effect from 8 January 2018.

The new laws mean that if you already have a Will, unless the Will includes a clause expressing it to be made “in contemplation of marriage”, the Will will be revoked and no longer valid upon marriage.

Furthermore, if you have been married overseas (Australia is now one of a number of countries allowing same sex marriage) then the changes to the Australian laws mean that marriage will be recognised in Australia and arguably, your current Will could be deemed to have been revoked upon that marriage being recognised on 8 December 2017.

If you are intending to get married, then we recommend you get your Will and other estate planning documents including your superannuation death benefit nominations in order.

Ensure your estate planning is up to date, contact Donlan Lawyers.