Relationship registers allow couples to formally register their relationship, providing conclusive legal proof of its existence without needing to establish that it is sufficiently “marriage-like” under de facto relationship laws. Registered relationships are recognised in several Australian jurisdictions, including New South Wales, Victoria, Queensland, Tasmania and the ACT, and can assist with matters such as next-of-kin status, superannuation, government dealings and family law rights. Western Australia does not currently have a relationship register, although federally recognised rights can still arise through de facto relationship laws.
What are relationship registers and do they exist in Western Australia?
Our Family Team discusses this topic
Summary
This article explains how relationship registers provide formal legal recognition of de facto relationships in certain Australian States and Territories. It outlines where registration schemes operate, how they differ, and the practical benefits of registration, including providing clear proof of a relationship for legal, financial and personal matters.
What are relationship registers?
Some Australian States and Territories have supplemented their de facto relationship laws with the introduction of relationship registers. Registers provide advantages over presumptive relationship recognition in that entering a ‘registered relationship’ provides conclusive proof of the existence of the relationship, thereby gaining all of the rights afforded to de facto couples under State and federal law without having to prove any further factual evidence of the relationship.
Which States and Territories have relationship registration schemes?
State relationship registration schemes allowing for same-sex and heterosexual relationship recognition currently exist in:
- Tasmania (Relationships Act 2003)
- Victoria (Relationships Act 2008)
- New South Wales (Relationships Register Act 2010)
- The Australian Capital Territory (Civil Partnerships Act 2008)
- Queensland (the Civil Partnerships Act 2011)
How do relationship registration schemes differ?
The detail of these schemes varies. For example the Victorian and Tasmanian registration schemes allow both for registration of domestic relationships and for caring relationships to be recognised. The ACT, Tasmania and New South Wales schemes each recognise other’s state registered schemes, however Victoria does not. All registers allow for the recognition of a registered relationship to be revoked. Revocation, while similar to divorce, is arguably easier to obtain.
How are registered relationships recognised under federal law?
At federal level registration of a relationship at State or Territory level is also conclusive proof of the existence of a de facto relationship.
What are the benefits of registering a relationship?
Olivia Rundle in her article ‘An examination of relationship registration schemes in Australia’ identifies the practical benefits arising from the outcome of registration of a marriage, civil partnership, deed of relationship or relationship as conclusive proof that:
- The parties have entered a legally recognised personal relationship; and
- That their relationship continues until it is formally ended by death, divorce, revocation or other means.
How can registration help prove the existence of a relationship?
Rundle further identifies the advantages of being able to prove the existence of a relationship includes:
- Being able to demonstrate next of kin status in medical emergencies;
- Not being put in a position of having to prove the existence of the relationship in any disputes with third parties or between the parties to the relationship;
- Having a means of satisfying agencies such as government departments, superannuation companies, funeral directors or others that there is or was a personal significant relationship between the parties; and
- An opportunity to secure legal recognition without needing to establish that the relationship is sufficiently ‘marriage like’ under the presumptive provisions.
Does Western Australia have a relationship register?
While WA does not have a relationship register, you should consider registering your relationship if you live in Tasmania, New South Wales, Victoria, the ACT or Queensland.