You don’t have to be married for your relationship to have legal recognition. De facto relationships have similar legal rights to married couples under Australian law. While de facto couples aren’t required to register their relationship, it can offer certain benefits. The information provided in this article is for general informational purposes only and does not constitute legal advice.
Registration requirements and processes for de facto relationships can vary depending on the Australian state or territory.
Key takeaways
What is de facto relationship registration in Queensland?
Relationship registration is available in most of Australia. However, they may go by different names. For example:
Queensland and Australian Capital Territory – Civil partnership. In the Australian Capital Territory, registrations are completed through Access Canberra.
New South Wales and South Australia – Registered relationship.
Victoria – Registered domestic relationship. In Victoria, registrations are handled by Births, Deaths and Marriages Victoria.
Tasmania – Significant relationship. In Tasmania, registrations are processed by the Tasmania Department of Justice.
De facto couples can register their relationship in New South Wales, Queensland, Victoria, the Australian Capital Territory, and Tasmania. Each Australian state and territory that allows registration has different requirements for de facto relationship registration.
Not all Australian states and territories allow for registration. Western Australia and the Northern Territory do not have a registration mechanism.
While de facto relationships are recognised by the law, proving their legitimacy isn’t straightforward. Here are some of the considerations under the Family Law Act:
Living arrangements. One of the core expectations is that the couple is living together on a genuine domestic basis.
Duration of relationship. Partnerships of at least 2 years are more likely to be considered a de facto relationship.
Financial ties. A couple should be able to demonstrate financial interdependence.
Parenting. The Court is likely to recognise a relationship if the couple is raising a child together.
Why register your relationship?
Once you register your relationship, it becomes a civil partnership. This is available to opposite-sex and same-sex couples. Registration can make pursuing family law matters easier and faster. When before you may have needed to prove your de facto status, you can simply produce your registration documentation. Registering your relationship can also assist in meeting the de facto status for immigration and visa application purposes, and may mean you do not need to meet the 12-month cohabitation requirement for certain visas. Registration can help satisfy other criteria required for partner visas. Additionally, a registered de facto relationship can simplify the process of applying for financial support and government benefits, including determining payment rates. This enables couples to proceed with issues such as property settlements quickly.
Legal effects and rights of registered de facto relationships
Statutory registration of de facto relationships in Queensland establishes comprehensive legal recognition equivalent to matrimonial status under Australian jurisprudence. Upon formal registration as a civil partnership, parties, regardless of gender composition, acquire substantive legal rights and statutory entitlements pursuant to Commonwealth and State legislation.
Registered relationship status facilitates streamlined procedural mechanisms for property settlement proceedings, superannuation entitlement determinations, and spousal maintenance applications upon relationship dissolution. Within family law proceedings, the civil partnership certificate constitutes prima facie evidence of relationship status, expediting dispute resolution and entitlement assessments. This documentation proves particularly valuable for migration law applications requiring demonstration of genuine and continuing relationships.
Registered de facto partnerships receive equivalent treatment under government benefit schemes, succession law provisions, and next-of-kin statutory frameworks. The Family Law Act 1975 (Cth) affords registered relationships parity with marriage across most legal contexts, ensuring access to identical protective mechanisms and fiduciary obligations. This statutory recognition extends to both same-sex and opposite-sex partnerships, providing uniform legal standing across Queensland and participating Australian jurisdictions with relationship registration schemes.
For practitioners advising on binding financial agreements or clients requiring relationship verification for property transactions or visa applications, registered partnership status provides definitive legal standing. Complex matters involving cross-jurisdictional implications or sophisticated asset structures warrant comprehensive legal analysis to ensure full understanding of applicable rights and obligations.
Step-by-step: How to register de facto relationship QLD
If you wish to register your relationship, here are the steps to take.
Step one: check your eligibility
Both parties must be over 18.
Neither partner can be currently married or in another registered civil partnership to register a civil partnership.
The relationship must be voluntarily entered by both parties.
You must not be in a prohibited relationship. These include:
People who are direct descendants (parents and grandparents).
People who are siblings or half-siblings.
At least one partner must live in Queensland.
If you’ve been married, provide evidence that the marriage is over with a death certificate or divorce order.
Ensure that the required supporting documents are in English with accredited translations, if necessary. You can find an accredited translator through the NAATI directory.
Both parties must read the legal effects of a civil partnership.
Step two: Gather documentation
You must include proof of ID with your application form. There are different forms of ID required:
Personal ID–
Driver’s licence.
Passport.
Adult proof of age card.
Community ID–
Medicare card.
Payslip.
Blue card.
Concession card.
Home address evidence–
Utility bill.
Rates notice.
Driver’s licence renewal notice.
Lease agreement.
If you’re submitting the application via registered post, copies of the documents must be certified by an authorised witness such as a Justice of the Peace. Do not submit original documents with your application.
Step three: Complete the civil partnership registration process
You can apply for a civil partnership with or without a declaration ceremony.
With a declaration ceremony
You can choose to enter a civil partnership in front of your notary at a declaration ceremony. You have to fill in a notice of intention to enter a civil partnership and provide it to your civil partnership notary no later than 10 days before your ceremony. Have all eligibility documents available and sign the notice in front of your notary.
Your notary will register your relationship for you after the ceremony.
Without a declaration ceremony
If you decide not to have the ceremony, you can submit your completed application form to the Registry of Births, Deaths and Marriages. After you submit the compliant application, there’s a 10-day cooling-off period. The Queensland government will finalise the registration after this minimum time period.
The application can be submitted:
By post to PO Box 15188, CITY EAST, QLD 4002.
In person at the Brisbane registry customer service centre.
Step four: Pay the application fees
The online registration fee is $164.50. However, this only covers the registration. If you would like to receive a registration certificate, there’s an additional fee of $56.20. An official civil partnership certificate is an easy way to demonstrate your relationship status for legal purposes.
What happens after registration?
Upon formal registration of your de facto relationship and receipt of the official civil partnership certificate, you possess authoritative documentary evidence substantiating your relationship status for legal and administrative proceedings. This certification serves as conclusive proof for record amendments with governmental entities, financial institutions, and immigration or visa applications. Furthermore, it constitutes essential documentation for demonstrating de facto status in superannuation entitlements, insurance claims, and property settlement proceedings.
The Queensland Registry of Births, Deaths and Marriages will adjudicate your application and, following the mandatory ten-day reflection period, issue your registration certificate upon payment of the prescribed supplementary fee. Processing timeframes may fluctuate considerably; therefore, prudent practitioners should accommodate extended periods when certification is required for time-sensitive matters. Additional certified copies may be procured for a nominal administrative fee as circumstances necessitate.
Maintain your certificate in secure custody, as it represents an original instrument potentially required for subsequent legal or financial proceedings. Should you relocate or modify personal particulars, ensure comprehensive record updates with relevant authorities, utilizing your registration certificate as corroborating documentation to support such amendments.
How to end a registered de facto relationship
When parties elect to terminate their registered de facto relationship, formal dissolution proceedings must be initiated through the Queensland Registry of Births, Deaths and Marriages. Either party may commence proceedings by lodging the requisite application documentation for relationship termination. A statutory waiting period of 90 days applies before final dissolution orders take effect.
Completion of proceedings requires submission of prescribed supporting documentation and payment of statutory fees. Upon dissolution of the registration, the Registry will issue formal confirmation of termination. Practitioners should note that dissolution of registered relationships triggers comparable legal consequences to matrimonial dissolution, encompassing property settlement obligations, spousal maintenance considerations, and superannuation entitlements under relevant legislation.
Where parties hold joint assets, have dependent children, or maintain financial interdependencies, comprehensive legal analysis is essential to protect client interests and address potential Family Law Act 1975 (Cth) implications. Given that relationship dissolution constitutes a significant legal transition with binding obligations under federal family law provisions, thorough understanding of statutory requirements and procedural compliance is paramount for effective client representation.
Common mistakes and tips for a smooth registration
The procedural framework for de facto relationship registration presents minimal complexity, yet practitioners must remain vigilant regarding recurring compliance deficiencies. A predominant oversight involves the submission of deficient application documentation or the omission of requisite evidentiary materials, including authenticated identification certificates and residential verification documentation. Practitioners should ensure comprehensive documentation is presented in English or accompanied by properly accredited translations to satisfy regulatory standards.
A secondary area of frequent non-compliance concerns inadequate due diligence regarding eligibility parameters, specifically, the existence of prohibited relational circumstances or failure to satisfy jurisdictional residency requirements, whereby at least one party must maintain Queensland domicile. Thorough verification protocols should confirm that neither party maintains existing marital status or civil partnership obligations that would preclude registration.
From our clients
It is with great confidence that we recommend Rowena Ferrall and her exceptional staff to anyone needing legal advice. Rowena represented us with a contractual issue and achieved an outcome that exceeded our expectations. The whole team was great to work with and explained the legal process in easy-to-understand terms.
- Brian Parsons
Conclusion
De facto couples have made a commitment to a shared life. However, it’s not always simple to prove the relationship. Registering a civil partnership provides clear documentation that can be used to access legal processes quickly. With our simple guide, you can complete your registration in no time.
If you’d like to seek legal advice, contact us today.
