skip to content
Law Handbook banner image

Does registering our relationship remove the time requirements?

Yes, because the definition of “domestic partner” in the Family Relationships Act 1975 (SA), as well as other relevant South Australian and Commonwealth legislation, has been amended to include a person who is in a registered relationship with the other person under the Relationships Register Act 2016 (SA), or a corresponding law registered relationship.

In the absence of registration, the duration of the relationship or birth of a child requirements continue to apply, see Three year time requirement - State law matters

See s 11A of the Family Relationships Act 1975 (SA).

If my registered relationship partner does not provide for me in their will, do I have any recourse upon their death?

Yes, because the definition of “domestic partner” in the Inheritance (Family Provision) Act 1972 (SA) has been amended to include a person who was in a registered relationship with the deceased under the Relationships Register Act (SA), or a corresponding law registered relationship, at the time of the deceased’s death, or at some earlier date.

A domestic partner is a person who can apply for re-allocation of the deceased’s estate.

In the absence of registration, a domestic partner must first be declared so under the Family Relationships Act 1975 (SA).

See sections 4 and 6 of the Inheritance (Family Provision) Act 1972 (SA).

If either or both partners do not have a will, does the registration of their relationship offer any protection to them in the event of either of their death?

Yes, because the definition of “domestic partner” in the Administration and Probate Act 1919 (SA) has been amended to include a person who is in a registered relationship with the deceased under the Relationships Register Act (SA), or a corresponding law registered relationship, at the time of the deceased’s death.

A domestic partner is provided for in the same way as a spouse in the distribution of the estate.

See sections 4 and 72G Administration and Probate Act 1919 (SA).

In the absence of registration, a domestic partner must first be declared so under the Family Relationships Act 1975 (SA).

If we separate and have a dispute about dividing our property, can we apply to the Family Law Courts to resolve our dispute?

The Family Law Act 1975 (Cth) states that if the relationship has been registered in a State or Territory of Australia under laws for the registration of relationships, then an application for property settlement can be made. This must generally be made within 2 years of the end of the relationship.

In the absence of registration, a two year time or birth of a child requirement generally applies.

See section 90SB of the Family Law Act 1975 (Cth).

Is a registered relationship recognised faster for immigration purposes?

The one year time requirement, that otherwise applies to partner visas, does not apply if the de facto relationship is registered in a State or Territory of Australia under laws for the registration of relationships. There may also be other compassionate or compelling reasons (such as the birth of a child) for this time requirement to be waived. However, in any case, the relationship must also meet the general definition of a de facto relationship under section 5CB of the Migration Act 1958 (Cth), which includes that the partners have a mutual commitment to a shared life to the exclusion of all others, that their relationship is genuine and continuing, that they live together, or at least do not live separately and apart on a permanent basis, and that they are not related by family.

Does registering our relationship remove the time requirements?  :  Last Revised: Thu Feb 8th 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.