File(s) under permanent embargo
An examination of relationship registration schemes in Australia
Australia currently has five distinct systems of personal relationship registration: marriage (Commonwealth), civil partnerships (ACT), registered de facto relationships (NSW), deeds of (significant and caring) relationships (Tasmania), and registered domestic and caring relationships (Victoria). This article considers the historical context in which each scheme was legislated, compares the schemes, briefly considers some usage statistics and outlines the benefits and drawbacks of non-married registration. The policy justification for non-married registration alternatives in the context of Australia's equal treatment of married and non-married couples is explored. It is concluded that a nationally consistent relationship registration system is desirable, with both marriage and an alternative offered to couples in addition to presumptive recognition. Marriage equality for same sex couples would not make the state and territory registration schemes redundant. Maintaining choice about relationship registration respects diversity and responds to community need. Some suggestions for immediate and relatively minor reforms are suggested, which would facilitate greater consistency.
History
Publication title
Australian Journal of Family LawVolume
25Pagination
121-152ISSN
0817-623XDepartment/School
Faculty of LawPublisher
LexisNexisPlace of publication
ChatswoodRights statement
Copyright 2011 LexisNexisRepository Status
- Restricted