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An examination of relationship registration schemes in Australia

journal contribution
posted on 2023-05-17, 10:08 authored by Olivia RundleOlivia Rundle
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 Law

Volume

25

Pagination

121-152

ISSN

0817-623X

Department/School

Faculty of Law

Publisher

LexisNexis

Place of publication

Chatswood

Rights statement

Copyright 2011 LexisNexis

Repository Status

  • Restricted

Socio-economic Objectives

Justice and the law not elsewhere classified

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