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Civil Partnerships Become Registered Relationships
The Civil Partnerships Act 2012 was one of the last pieces of legislation passed by the previous session of Parliament, and it was very quickly amended by the Civil Partnerships and Other Legislation Amendment Act 2012, which was one of the first pieces of legislation passed by the new session of Parliament. There are three […]
Civil Partnerships Become Registered Relationships
The Civil Partnerships Act 2012 was one of the last pieces of legislation passed by the previous session of Parliament, and it was very quickly amended by the Civil Partnerships and Other Legislation Amendment Act 2012, which was one of the first pieces of legislation passed by the new session of Parliament. There are three particular changes introduced by the latter Act.
First of all, the phrase Civil Partnership has been replaced by the phrase Registered Relationship. So Queensland no longer has Civil Partnerships, it has Registered Relationships. Any couples who entered into Civil Partnerships before the legislation was amended have automatically been converted to Registered Relationships.
Secondly, the possibility of an official ceremony to celebrate a Registered Relationship has been removed by the amendments. This does not, of course, prevent informal celebrations, but an official ceremony is no longer a possibility.
The third change is a logical consequence of the second. With no official ceremonies, there is no longer a need for Civil Partnership Notaries, which were provided for in the original legislation, and therefore the amendments take out the provisions dealing with that.
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What may have been overlooked amongst recent media coverage is that Registered Relationships are available for couples of the opposite sex who choose not to get married, as well as for same-sex couples. Entering into a Registered Relationship does have some legal consequences, although the more significant legal issues of property settlement and parenting arrangements remain the province of the federal Family Law Act.
What is a Civil Partnership?
A civil partnership is a legally acknowledged union that offers couples rights and protections comparable to those of marriage under Queensland law, but without the traditional or religious associations.
Civil Partnerships: Meaning and Legal Standing
In short, what is a civil partnership? It is a formal union governed by the Civil Partnerships Act 2011 (Qld). It allows two adults, regardless of sex or gender, to enter into a legally binding relationship. For many, the civil partnership meaning represents a modern alternative to marriage that still grants significant rights regarding property settlements, next-of-kin status, and social security.
The Rules for Civil Partnership in Qld
To be eligible under the Civil Partnerships Act, both parties must meet strict criteria:
- Age: Both partners must be 18 years or older.
- Residency: At least one partner must live in Queensland.
- Status: Neither person can be currently married or already in a registered civil partnership.
- Relationship: The parties must not be in a prohibited relationship (e.g., ancestors, descendants, or siblings).
Register a Civil Partnership: Step-by-Step Guidance
To register a civil partnership in Queensland, you must submit an application to the Registry of Births, Deaths and Marriages. At Aylward Game Solicitors, we often assist couples in ensuring their documentation is flawless to avoid delays.
How to Apply
- Submit Application: Apply via the Registry of Births, Deaths and Marriages.
- Cooling-off Period: There is a mandatory 10-day cooling-off period that begins upon receipt of a compliant application and payment.
- Withdraw an Application to Register: During this 10-day window, either party can withdraw the application if they change their mind.
- Email it to civilpartnerships@act.gov.au
Finding a Civil Partnership Notary
If you choose to have a formal Civil Partnership Declaration ceremony, you will need to find an authorised civil partnership notary. This ceremony must take place at least 10 days (but not more than 12 months) after giving notice. Ian Field, as an expert solicitor, can guide you through the legal effects of this declaration.
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Civil Partnerships vs Marriage: Which is Right for You?
While both offer legal protection, there are distinct differences between civil partnerships vs marriage:
| Aspect | Civil Partnership (Qld) | Marriage (National) |
| Legislation | Civil Partnerships Act 2011 (Qld) | Marriage Act 1961 (Cth) |
| Notice Period | 10 Days | 1 Month |
| Recognition | Primarily state-based (limited overseas) | Internationally Recognised |
| Ending it | 90-day administrative process | 12-month separation + Court Divorce |
Ending a Civil Partnership: Termination and Withdrawal
Just as entering a partnership requires legal steps, so does ending one. Under Section 14 of the Civil Partnerships Act, a partnership is automatically terminated by the death or marriage of either party. Otherwise, a formal application is required.
How to End a Civil Partnership
- Application: One or both parties apply to the Registry.
- Notice Period: 90-day termination period.
- Withdraw an Application to End: You can withdraw the termination request during this 90-day period if a reconciliation occurs.
Common Questions About Civil Partnerships and Relationships
What does it mean if you are in a civil partnership?
Being in a civil partnership means your relationship is legally recognised by the Queensland Government under the Civil Partnerships Act 2011. It provides you with a formal legal status similar to marriage, granting you rights and responsibilities regarding property settlements, inheritance, and next-of-kin status in medical emergencies.
What are the disadvantages of a civil partnership?
The primary disadvantage is limited international recognition compared to marriage. While valid in Australia, some countries may not recognise your status for visa or legal purposes. Additionally, if you move to a state without corresponding laws, proving your relationship status can become more complex than if you were married.
What is the 333 rule for marriage?
The 333 rule is a popular relationship guideline suggesting milestones for a healthy bond: 3 days to see if you like each other, 3 months to see if you can live together/love each other, and 3 years to decide if you want to marry or commit for life. It is not a legal rule but a social framework.
What is a civil partnership in Australia?
In Australia, civil partnerships (or registered relationships) are state-based legal schemes. They allow couples, regardless of sex or gender, to register their union with a state registry (like the QLD Registry of Births, Deaths and Marriages). It serves as definitive proof of a relationship without the need for a wedding ceremony.
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What are the 5 disadvantages of a partnership?
- Limited Global Recognition: Not all countries recognise civil unions.
- State-Specific Laws: Moving between Australian states may require re-verification.
- Termination Process: Ending it still requires a formal 90-day administrative process.
- Social Perception: Some feel it lacks the traditional or cultural weight of marriage.
- Legal Overlap: You may still need a Binding Financial Agreement to protect assets specifically.
Are you still husband and wife in a civil partnership?
Legally, the terms are ‘civil partners’ rather than husband or wife. While you may choose to use those titles socially, the Civil Partnerships Act does not confer the titles of a married couple; those are reserved for unions under the Marriage Act 1961.
Is a civil partnership considered a spouse?
Yes. In Queensland and under most Federal laws (including tax, superannuation, and immigration), a person in a registered civil partnership is considered a spouse or de facto partner. This ensures you are treated the same as a married person in most legal contexts.
Can you convert a civil partnership to marriage?
You cannot convert it through a simple form. To move from a civil partnership to a marriage, you must get married under the Marriage Act 1961. Once you marry your civil partner, your civil partnership is automatically terminated by law, as the marriage takes legal precedence.
What’s the difference between a civil partnership and a relationship?
A relationship (or de facto relationship) is based on the facts of your living situation and can be hard to prove to authorities. A civil partnership is a registered legal status. It provides an immediate certificate of proof, removing the need to provide extensive evidence of your life together for legal or financial claims.
What is the 777 rule in marriage?
The 777 rule is a strategy to maintain intimacy: go on a date every 7 days, take a night away every 7 weeks, and go on a week-long holiday every 7 months. Like the 333 rule, this is a relationship advice concept rather than a legal requirement.
What is the 72-hour intimacy rule?
This rule suggests that if a couple spends more than 72 hours apart, they should spend dedicated time reconnecting physically and emotionally upon reuniting to reset the bond in the relationship. It is often used by couples with demanding travel schedules or long-distance arrangements.
Managing Documents: Certificates, Corrections, and Hardship
- Get a Civil Partnership Certificate: This is your proof of relationship, essential for insurance, superannuation, and legal matters.
- Correct a Certificate: If there is an error on your document, you must apply for a correction with supporting evidence.
- Payments & Financial Hardship: The Registry charges fees for registration (approx. $164.50) and certificates. In cases of extreme financial hardship, you may be able to apply for a fee waiver or refund, though these are strictly assessed.
Queensland Civil Partnership Registration Fees
Application & Review
The initial processing fee covers the submission of your paperwork and its official assessment by the Registry of Births, Deaths and Marriages:
- Civil Partnership Registration: $170.00
Certificate Options (Optional Add-ons)
If you require documented proof of your registered relationship or want a ceremonial keepsake, you can choose from these options:
- Official Civil Partnership Certificate: $58.10 (This is the document required for formal legal proof)
- Commemorative Certificate Package: $75.60 (Includes one official legal certificate alongside a decorative display certificate)
Postage and Delivery Rates
- Standard Mail: Free
- Registered Post: $8.10 (Highly recommended for tracking security)
- Express Post: $8.55 (For rapid domestic delivery)
- International Registered Mail: $21.55 (For tracking to overseas addresses)
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About Ian Field
Ian Field is an Accredited Specialist in Family Law and a Partner at Aylward Game Solicitors. With over 20 years of experience across the UK and Australia, Ian is a recognised expert in navigating the Civil Partnerships Act. Admitted to the High Court of Australia, he specialises in mediation, collaborative law, and complex property settlements.
Ian’s trans-equatorial background and sympathetic approach make him the premier choice for Brisbane families seeking practical, out-of-court solutions. Whether registering a union or resolving a dispute, Ian provides the expert legal force you need.
Meet Emma MacDonald
Emma Macdonald is a Solicitor at Aylward Game Solicitors, specialising in Family Law and the Civil Partnerships Act. Holding a Bachelor of Laws (Honours) from the University of Queensland, Emma is admitted to the High Court of Australia.
Her background in child protection and volunteer work with the Women’s Legal Service informs her compassionate approach to domestic violence, parenting arrangements, and property settlements. Emma excels at creating supportive, collaborative environments, ensuring Brisbane families receive empathetic yet expert representation.
Frequently Asked Questions.
What is the Civil Partnerships Act 2012?
The Civil Partnerships Act 2012 was a piece of legislation passed by the previous session of Parliament that established Civil Partnerships in Queensland.
What changes were introduced by the Civil Partnerships and Other Legislation Amendment Act 2012?
The Civil Partnerships and Other Legislation Amendment Act 2012 replaced the phrase Civil Partnership with Registered Relationship, removed the possibility of an official ceremony to celebrate a Registered Relationship, and eliminated provisions dealing with Civil Partnership Notaries.
What is a Registered Relationship?
A Registered Relationship is a legally recognised relationship between two people that provides many of the same rights and obligations as marriage.
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Who is eligible to enter into a Registered Relationship?
Both same-sex and opposite-sex couples who choose not to get married are eligible to enter into a Registered Relationship.
What legal consequences arise from entering into a Registered Relationship?
Entering into a Registered Relationship has legal consequences related to property, inheritance and other areas of law, but more significant legal issues like property settlement and parenting arrangements are covered by the federal Family Law Act.
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Secure Your Future with Aylward Game Solicitors
Whether you are celebrating a new beginning or navigating a difficult ending, Aylward Game Solicitors provides the sensible, practical, real-world advice you need. From Brisbane to the Gold Coast and Sunshine Coast, we are the legal force that keeps you ahead of the game.
Contact us today to discuss your Civil Partnership matters and schedule a consultation.
- Phone: 07 3236 0001
- Toll-Free: 1800 217 217
- Email: mail@aylwardgame.com.au
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