Registering a Relationship

A de facto relationship is one where a couple is not married but lives together on a genuine domestic basis. Australian law recognises the significance of this type of relationship and accords it similar legal status to marriage in terms of social security, property division, child care, spousal maintenance, and inheritance laws. Of course, to access these legal benefits, a person claiming to be a de facto must be able to prove the relationship. It can be challenging in some circumstances to prove the existence of a genuine domestic relationship, especially after the relationship has come to an end.  The law provides an alternative that allows a de facto couple who do not wish to marry, or are not able to marry, to create legal clarity and formalise their relationship. Most states and territories have specific registers that allow for the legal recording of de facto relationships. This article looks at the implications of registering a relationship in Australia, and the process to legally end such a relationship.

Defining a de facto relationship

Section 4AA of the Family Law Act 1975 defines a de facto relationship as two people who are:

• not legally married to each other,
• not related to each other, but
• who have lived together on a genuine domestic basis for at least two years.

If a couple has children together, or if there is a degree of financial dependence, they can be found to be in a de facto relationship even if they do not meet the minimum threshold for the length of the relationship.

Registering a relationship

There are several advantages to registering a de facto relationship, including:

• Legal certainty

Registering a relationship is a formal acknowledgement that makes it easier to prove a couple’s status for legal and administrative purposes.

• Simplification

Because registered relationships are treated much like marriages under state and federal laws, it simplifies otherwise complicated processes such as property disputes, taxation and healthcare decisions.

• Time requirements

Registration can override time requirements to prove cohabitation in some legal matters.

• Estate planning

Registration can ensure that a partner is recognised as a person’s next of kin if there are any inheritance disputes.

• Visa Implications

Registering a de facto relationship can improve the chances of success with a partner visa application.

While most jurisdictions in Australia allow de facto relationship registration, there is no provision in the Northern Territory, and registering a relationship in Western Australia is not sufficient to establish an ongoing relationship for migration purposes. In these jurisdictions, couples must go further to establish the fact of their de facto relationship.

Requirements for registration

The legal requirements to register a de facto relationship vary slightly according to the specific jurisdiction, but some common criteria include that:

• both partners must be over the age of 18
• both partners must willingly consent
• at least one partner must reside in the state or territory where they file the application
• the partners must provide evidence of their relationship, such as joint bank accounts, shared leases or mortgages, and statutory declarations

It is also not possible to register a de facto relationship if either party is already legally married, or in a registered relationship with another person. When one of the pair has been in a previous registered relationship or marriage, they must provide evidence that these relationships have been legally dissolved.

While the application process to register a de facto relationship is specific to the state or territory, the process is generally similar across jurisdictions. It is generally necessary to complete an application form, provide identification documents (such as driver’s licenses and passports), submit evidence of eligibility and residency, and pay a fee. In addition, various cooling off periods after submission apply before the relationship is officially registered.

Ending a registered relationship

While either partner can simply choose to end a de facto relationship, this does not remove a registration of the relationship. There is no need to revoke a registered relationship if the couple choose to get married to one another, as the marriage takes legal primacy. It is also not necessary to take steps to revoke a relationship if one of the parties passes away, as death automatically ends the registration. However, it is important to revoke a previous registered relationship before entering a new de facto relationship, as the existence of both a registered relationship and a de facto relationship could seriously complicate future family law or succession matters.

Ending a registered relationship involves lodging an application form and waiting for the cooling-off period to expire. Only the parties to the relationship are eligible to revoke the registration, which they can do in a single or joint application. When an individual lodges a single application to end the registration, they must notify their former partner and send them a copy of the documentation. During the subsequent waiting period, the applicant can change their minds and withdraw their application.

Registration of a relationship is not a casual commitment and should only be undertaken with serious intent. For advice about the consequences of registration, or other related family law matters, such as binding financial agreements, please contact Go To Court Lawyers on 1300 636 846.