By Greg Cox, Special Counsel, Laura Hanrahan, Associate and Leisa Hickey
The uncertainty surrounding civil partnerships in Queensland has been removed with the introduction of the Civil Partnerships and Other Legislation Amendment Act 2012, which allows couples, regardless of their gender, to have their relationship legally recognised by registering their relationship.
Registering their relationship provides couples with proof of the relationship's existence for matters related to superannuation, tax and government benefits. However, it can also have some unintended consequences from an estate planning point of view.
Here, special counsel Greg Cox, associate Laura Hanrahan and trainee solicitor Leisa Hickey outline the process and practical consequences of registering a relationship under the Act.
Key points
- The previous Queensland Government enacted the Civil Partnerships Act 2011, with the majority of its sections coming into effect in February 2012. The new Queensland Government has not repealed that Act, but has made a number of important amendments to it.
- The Act has been renamed as the Relationships Act 2011. All references to a civil partnership have been removed and the Act now refers to 'registered relationships' instead.
- The ability for couples to make a declaration of their relationship in the form of a ceremony has been removed by the amending Act. Instead, they must register the relationship with Births Deaths and Marriages.
Registering relationships under the Relationships Act 2011
An application to register (and subsequently terminate) a relationship is made through the Queensland Registry of Births Deaths and Marriages. There are prescribed forms which must be completed and lodged together with supporting documents.
To register a relationship in Queensland, the parties to it must:
- not be married;
- not be in another registered relationship;
- not be in a prohibited relationship (that is, a relationship between lineal ancestors, lineal descendants, siblings or half siblings); and
- provide evidence to show that at least one of the parties has lived in Queensland for at least six months before the application is made.
While there is currently no fee payable to register a relationship under the Act, there is a fee if the parties would like to obtain a certificate. The certificate is akin to a marriage certificate, but it is not compulsory to obtain such a certificate.
A registered relationship is automatically terminated on the death of either party, or the marriage of either party. It can also be terminated if either party makes the requisite application to have the registration terminated, in which case a fee is payable.
Practical consequences of registering relationships
While a registered relationship is not a marriage, it has the same effect as a marriage in a number of respects. From an estate planning perspective, the parties to a registered relationship have somewhat different and arguably greater rights than those who are party to a de facto relationship.
Similarly, while the termination of a registered relationship is not a divorce, it also has many of the same effects as a divorce in terms of wills and Enduring Powers of Attorney.
While the focus in the media has been on the registration of same sex relationships, the provisions of the Act apply equally to heterosexual couples. Those in a personal relationship other than marriage need to be aware of the provisions of the Act and consider the consequences, both intended and unintended, of applying to have their relationship registered.
Just as those who marry or contemplate getting married should have valid and effective wills and Enduring Powers of Attorney in place, those who are contemplating having their relationship registered under the Relationships Act also need to consider these estate planning issues.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
