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An examination of relationship registration schemes in Australia
Citation
Rundle, O, An examination of relationship registration schemes in Australia, Australian Journal of Family Law, 25, (2) pp. 121-152. ISSN 0817-623X (2011) [Refereed Article]
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Abstract
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.
Item Details
Item Type: | Refereed Article |
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Keywords: | relationship registration, marriage, civil partnerships, de facto relationship, deeds of relationship, registered relationship, equal treatment, policy |
Research Division: | Law and Legal Studies |
Research Group: | Law in context |
Research Field: | Family law |
Objective Division: | Law, Politics and Community Services |
Objective Group: | Justice and the law |
Objective Field: | Justice and the law not elsewhere classified |
UTAS Author: | Rundle, O (Dr Olivia Rundle) |
ID Code: | 75490 |
Year Published: | 2011 |
Deposited By: | Law |
Deposited On: | 2012-02-01 |
Last Modified: | 2017-11-21 |
Downloads: | 1 View Download Statistics |
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