Registration of Defacto Relationships
It is not necessary to register a de facto relationship in order to exercise your legal rights arising from a de facto relationship.
Some states and territories have introduced schemes for registering de facto relationships. In Victoria, New South Wales and Tasmania de facto relationships can be registered with the local Registry of Births Deaths and Marriages. In the ACT couples can enter into “Civil Partnerships”. Other states can recognise certain financial agreements between de facto couples, but there is no stand-alone registration process in those jurisdictions.
Registration of a relationship will not automatically mean that someone is a de facto for Family Law Act purposes. Registration of a relationship is only one of the nine matters considered in the Family Law Act when determining whether someone is a de facto partner. However, registration will enable a court to make financial or maintenance orders for a relationship that would ordinarily require a two-year relationship, a child of the relationship or exceptional circumstances.
Registration of a relationship is also relevant in the state-based deceased estates law (this is discussed in more detail in the Wills and Estates section)
