Registering a de facto relationship is a formal way to legally recognise your relationship with your partner.
In several Australian states and territories, registering your relationship provides official confirmation that you are in a committed partnership, which can be helpful for legal, financial, and family law matters, as well as immigration purposes.
Why Register a De Facto Relationship?
Registering your relationship offers several benefits, including:
- Easier access to legal rights and entitlements.
- Recognition of your relationship with Centrelink and other government services.
- Supporting evidence for partner visa applications.
- Clear documentation for matters like inheritance and property settlements.
While you are not legally required to register your relationship to be recognised as de facto partners, formal registration can simplify legal processes.
Key takeaway: Registering your de facto relationship can provide legal recognition and make accessing certain rights easier.
Where Can You Register a De Facto Relationship?
Relationship registration is available in most Australian states and territories, including:
- New South Wales (NSW)
- Victoria (VIC)
- Queensland (QLD)
- Tasmania (TAS)
- Australian Capital Territory (ACT)
Western Australia (WA) and the Northern Territory (NT) do not currently offer a formal relationship register, though de facto couples in those regions may still access legal rights through other processes.
Key takeaway: Registration is available in most states, but alternative legal steps may apply if you live in WA or NT.
Eligibility Requirements for Registering a De Facto Relationship
To register your relationship, you and your partner must meet certain criteria:
- Both parties must be over 18 years old.
- Neither partner can be married or in another registered relationship.
- You must be in a committed, genuine relationship.
- At least one partner must be a resident of the state where you are registering.
In some states, additional conditions may apply, such as providing proof that you have lived together for a certain period.
Key takeaway: Meeting the eligibility criteria ensures your registration is recognised under state law.
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How to Register a De Facto Relationship
The process for registering your relationship varies slightly by state, but generally involves the following steps:
1. Complete the Application Form
Visit your state’s Births, Deaths, and Marriages (BDM) website to access the relationship registration form. Some states may also allow online submissions.
2. Provide Identification and Supporting Documents
You will typically need to provide:
- Proof of identity (e.g., passport or driver’s licence)
- Proof of residency for at least one partner
- Evidence that you are not currently married or in another registered relationship
3. Sign a Statutory Declaration
Both partners will need to sign a statutory declaration confirming that you meet the eligibility requirements.
4. Submit the Application and Pay the Fee
Once the forms are completed and signed, submit your application along with the required fee. Fees vary by state but are generally between $200 to $300.
5. Waiting Period
Most states enforce a mandatory cooling-off period (typically 28 days) before the registration is finalised.
Key takeaway: Carefully following your state’s registration process will ensure your application is processed smoothly.
What Happens After Your De Facto Relationship Is Registered?
Once approved, you will receive a relationship certificate from your state’s BDM office. This document can be used as proof of your relationship for:
- Visa applications
- Superannuation claims
- Health care decisions
- Next-of-kin rights
Your registered relationship will remain valid unless formally revoked through a deregistration process.
Key takeaway: Your relationship certificate acts as official proof of your partnership and can simplify various legal matters.
Ending a Registered De Facto Relationship
If your relationship ends, you must formally apply to deregister the relationship with the relevant BDM office. This process typically involves:
- Completing a deregistration form
- Providing identification
- Serving notice to your former partner (if required)
Most states enforce a waiting period (often 90 days) before the deregistration becomes final.
Registering a de facto relationship can simplify legal processes, provide greater security, and help you access important rights.
Whether you are seeking recognition for personal, financial, or immigration reasons, following the correct steps will ensure your registration is valid and effective.
