About the Author
Sandra Banjamin
Published on November 19, 2024
In Australia, a de facto relationship offers couples similar rights to marriage, but unlike a marriage, a de facto relationship may not automatically be recognised in all situations. A way around this is to register your de facto relationship.
Whether you’re looking to solidify your legal status, support a partner visa application, or simplify financial arrangements—formally registering your de facto relationship can make this easier. However, there are requirements that must be met before registering your relationship.
To help you understand your options and the process of registering a de facto relationship in Australia, our family lawyers Sydney have put together this article. We’ll cover where you can register your relationship throughout Australia, as well as help you understand the requirements that must be met before doing so, and things you should consider as well.
Keep reading to learn more about how to register de facto relationship in Australia.
De facto relationship conditions
Before you can register a de facto relationship in Australia, there are certain criteria that must be met. Firstly, you must actually be in a de facto relationship, which is generally defined as two people living together on a genuine domestic basis, regardless of their gender. This includes same-sex couples, and the laws are inclusive of diverse gender identities.
To qualify for legal recognition, both partners must usually be at least 18 years old and not currently married or in another registered relationship. Certain relationships, such as those with a direct ancestor or half-sibling, are considered prohibited relationships and cannot be registered. Each Australian state or territory has its own specific requirements, so it’s essential to check local guidelines to ensure eligibility.
Couples usually need to provide evidence of their relationship, such as joint residential addresses, shared finances, or other documents that demonstrate a genuine domestic basis. Meeting these conditions is the first step to achieving formal legal recognition of your partnership.
Considerations for de facto relationships (boyfriends, girlfriends, and non-binary relationships)
As we touched on above, in Australia, the law surrounding de facto relationships is inclusive and recognises partnerships across all genders, including non-binary individuals. Whether you are boyfriends, girlfriends, or in a non-binary partnership, the focus is on the nature of your relationship rather than traditional labels.
Essentially, to qualify as de facto partners, you must typically show a commitment to a genuine domestic basis, such as sharing living arrangements, pooling resources, or planning a future together. This inclusivity means that same-sex couples, gender-diverse individuals, and traditional domestic relationships are treated equally under the law.
It’s worth noting that while casual dating doesn’t meet the threshold for relationship registration, longer-term relationships that show evidence of cohabitation and shared responsibilities often do.
This flexibility ensures that the law respects and validates diverse partnerships, making it easier for all couples to gain formal legal recognition of their relationship.
Register relationship in your state
Registering a relationship in Australia provides formal legal recognition for de facto couples, often simplifying legal processes like property settlements, partner visa applications, and financial agreements.
However, the steps to register a relationship vary a little across the states and territories, as each jurisdiction has its own eligibility criteria, application procedures, and documentation requirements. Below we’ve put together a short overview of the registration requirements and processes for each state and territory in Australia:
New South Wales (NSW)
To register a relationship NSW, couples apply through the NSW Registry of Births, Deaths, and Marriages. The registration provides you with a registered relationship certificate, which serves as proof of your relationship status for legal purposes.
Eligibility requirements:
- Both partners must be at least 18 years old.
- Neither partner can be legally married or in another registered relationship.
- The couple must not be in a prohibited relationship (e.g., related by blood as siblings or direct ancestors).
- At least one partner must reside in NSW.
How to apply:
- Complete the online application or download the form from the NSW Registry website.
- Submit identity documents for both partners, such as passports, birth certificates, or driver’s licenses.
- Provide proof of shared residency (e.g., utility bills showing the same residential address).
- Pay the registration fee, which is non-refundable and varies based on the service.
Processing time: Applications typically take 28 days to process. Once approved, couples receive a relationship certificate.
Victoria
In Victoria, couples can apply for a domestic relationship certificate through the Victorian Registry of Births, Deaths, and Marriages. This certificate is often used to prove a genuine domestic basis for legal purposes, including migration applications.
Eligibility requirements:
- Both partners must be over 18 and not in a prohibited relationship.
- At least one partner must reside in Victoria.
- Neither partner can be in another legally recognised relationship, such as marriage.
How to apply:
- Complete the application form online or in person.
- Provide evidence of your relationship, such as shared bank statements, co-signed leases, or statutory declarations.
- Submit identity documents for both applicants and pay the required registration fee.
Victoria offers commemorative certificates, which are decorative versions of the legal document, and they are the only state to do so.
Queensland
Queensland’s relationship registration process is managed by the Queensland Registry of Births, Deaths, and Marriages. Once registered, you’ll receive a registered relationship certificate, which is accepted for both domestic legal purposes and certain migration applications.
Eligibility requirements:
- At least one partner must reside in Queensland.
- Both individuals must be 18 or older and not in another registered relationship.
How to apply:
- Applications can be submitted online or via mail.
- Required documents include proof of identity and shared financial responsibilities, such as joint accounts or property ownership.
Processing time: Allow 2–3 weeks for processing.
South Australia
South Australia allows couples to register a relationship through the SA Registry of Births, Deaths, and Marriages. Registration provides a standard relationship certificate.
Eligibility requirements:
- At least one partner must live in South Australia.
- Both individuals must meet the general age and relationship criteria.
How to apply:
- Submit an application form with supporting documents, such as identity and proof of residency.
Tasmania
Tasmania was the first state in Australia to introduce a relationship register. Couples can apply for recognition through the Tasmanian Registry of Births, Deaths, and Marriages.
Eligibility requirements:
- Couples must provide evidence of their relationship, such as joint assets or shared living arrangements.
- At least one partner must be a Tasmanian resident.
Processing: Applications are typically processed within 21–28 days.
Australian Capital Territory (ACT)
Couples in the ACT can register their relationship through Access Canberra, which manages the relationship register.
How to apply:
- Submit the form online or in person.
- Provide required documents such as identity documents, proof of residency, and evidence of the relationship.
- Pay a non-refundable registration fee.
Northern Territory and Western Australia
Unfortunately, neither the Northern Territory nor Western Australia offers a formal relationship registration scheme.
However, couples can still gain legal recognition as de facto partners through evidence of a genuine domestic basis under the Family Law Act.
When can a de facto relationship not be registered?
While registering a de facto relationship can provide formal legal recognition and simplify legal processes, there are certain circumstances where registration may not be possible. Below, we’ve listed some of the most common reasons as to why a de facto relationship may not be able to be registered.
- Existing marriage or registered relationship
A de facto relationship cannot be registered if either partner is already legally married to someone else or in another registered relationship, whether within the same state or territory or elsewhere.
This ensures that registration is exclusive to the couple applying.
- Prohibited relationships
Certain relationships are deemed prohibited relationships under Australian law and cannot be registered. These include:
- Relationships between direct ancestors or descendants (e.g., parent and child).
- Sibling relationships, including half-siblings.
These rules align with the general principles of marriage and partnership laws in Australia.
- Residency requirements
Many states require at least one partner to reside in the state or territory where the relationship registration is being sought. If neither partner meets this residency requirement, the application will likely be rejected.
- Insufficient evidence of a genuine domestic basis
Couples applying for a registered relationship certificate must demonstrate that they are living together on a genuine domestic basis or that their lives are intertwined. If the couple cannot provide sufficient evidence, such as joint leases, shared bills, or cohabitation documentation, the application may be declined.
- Age restrictions
Both partners must be at least 18 years old to register a relationship in any Australian jurisdiction. Applications involving minors will not be accepted.
- Incorrect or incomplete documentation
Failing to provide required identity documents, residency proof, or supporting evidence can result in application delays or rejection. For example, missing a statutory declaration or not submitting the correct registration fee can stall the process.
What to do if your registration is denied
If your application to register a relationship is denied, you can often reapply once the issues have been resolved (e.g., providing additional evidence or meeting residency requirements). Seeking assistance from an experienced family lawyer can help ensure your application is completed correctly and that you understand the legal steps involved.
Do you have to register your relationship?
In Australia, registered relationships are not mandatory – a de facto relationship is generally recognised by law as long as it meets the criteria. If you find yourself needing to prove your de facto relationship, you may need to provide evidence similar to that that you provide when registering your relationship.
Why registering your relationship may be helpful
While de facto relationships don’t have to be registered, it can be beneficial – here are some reasons why:
- Legal clarity: A registered relationship certificate provides instant proof of your relationship status, reducing the need for additional documentation in legal or administrative processes.
- Migration purposes: For couples applying for a partner visa, a registered relationship often simplifies the process, as it provides official recognition of your partnership without needing to demonstrate the usual 12-month cohabitation requirement.
- Financial agreements: Registering your relationship can make it easier to draft or enforce a binding financial agreement and clarify asset ownership in case of a separation.
- Access to entitlements: Some state-based programs or legal benefits may require formal registration to confirm eligibility, such as accessing certain family or inheritance rights.
How Unified Lawyers can help you
Navigating the process of registering a de facto relationship or understanding your rights as a de facto partner can feel overwhelming, especially with the varying requirements across states and the legal implications involved. Here at Unified Lawyers, we specialise in providing clear, tailored advice on Australian family law to help make these processes as straightforward as possible.
Whether you’re looking to register a de facto relationship in NSW, draft a binding financial agreement, or explore your options for legal recognition of your partnership, our experienced team is here to help. We can guide you through the documentation, ensure your application meets all the criteria, and answer any questions about how registration impacts areas like property settlements or partner visas.
Reach out to Unified Lawyers today to get the support you need to protect your interests and make informed decisions about your relationship. Call us on 1300 667 461 or book a consultation online using the button below.
Published on November 19, 2024
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