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Queensland Civil Partnership Act 2011

The Queensland Civil Partnership Act 2011 (Qld) came into force on the 23 February 2012 and from that date it is possible for Queenslanders to register a civil partnership. To register a civil partnership in Queensland the two people must be adults, not married or already in a registered civil partnership and at least one […]

Queensland Civil Partnership Act 2011

Queensland Civil Partnership Act 2011

The Queensland Civil Partnership Act 2011 (Qld) came into force on the 23 February 2012 and from that date it is possible for Queenslanders to register a civil partnership.

To register a civil partnership in Queensland the two people must be adults, not married or already in a registered civil partnership and at least one of them must live in Queensland and must have done so for at least 6 months prior to applying to register the partnership. The two people must also not be within a prohibited relationship with each other (for instance brother and sister, half brother and half sister, parents and children are not able to enter into civil partnerships with each other). The ability to register a civil partnership is equally open to couples of the same sex couples of the opposite sex.

For couples who wish to apply to register a Civil Partnership there is the inevitable paperwork that needs to be completed and this includes proof of identity and Queensland residence and also includes 10 days cooling off period after you  have made the Application. The necessary paperwork is available from the Queensland Registry of Births, Deaths and Marriages. Couples who wish to register a civil partnership have a choice of doing so without holding a ceremony, or if you wish to do so you can hold a ceremony. Only a civil partnership notary authorised under the Civil Partnerships Act (Qld) can officiate at the ceremony. These are different from notary publics who serve a different function. The Queensland Registry of Births, Deaths and Marriages will maintain a directory of authorised civil partnership notary’s.

Registered Civil Partnerships are brought to an end by the death of either party, the marriage of either party, or an order made by the Queensland District Court.  The District Court can make an order terminating the civil partnership if the couple has lived separately and apart for at least 12 months.

The Civil Partnerships Act (Qld) does not and cannot regulate financial property settlement between defacto couples or deal with parenting arrangements for any children of the relationship. These issues continue to be dealt with under the Family Law Act (Cth).

For legal advice in relation to a Binding Financial Agreement for a de facto relationship or legal advice regarding property settlement or parenting arrangements following the end of a de facto relationship, please contact our partner Ian Field on 07 3236 0001 or by email at ifield@aylwardgame.com.au.

Aylward Game Solicitors