I was scrolling around the BDM website the other day, and I found the following, it was a wonderful find.
Applications and more information can be found at [email protected]
Eligibility
Adults who are in a relationship as a couple, regardless of sex, can apply
for registration of their relationship, provided at least one of them lives in
NSW. Adults in both heterosexual and same-sex relationships are eligible to
register.
A relationship cannot be registered if either person is:
- under 18 years old
- married
- in another registered relationship
- in a relationship as a couple with another person, or
- if they are related by family.
A couple does not have to live together to be eligible to register their
relationship.
How to apply
To apply, partners make a statutory declaration stating they:
- wish to register the relationship,
- are in a relationship as a couple with the other person,
- are not married or in a relationship as a couple with anyone else and that
they are not related to each other by family,
- are not in another registered relationship whether in NSW or in another
Australian jurisdiction, and
- do or do not reside in NSW (as at least one member of the couple must reside
in NSW).
In applying, proof of identity is required for each person along with payment
of a fee.
Couples who apply don't have to provide any further documentary evidence or
proof of their relationship. However, it should be noted that it is an offence
to wilfully make a false statutory declaration knowing its contents to be
untrue or to provide false and misleading information in such a context.
Penalties of up seven years imprisonment may be imposed for making a false
declaration for material gain.
Once an application is made, there is a 28-day cooling off period in which
either party can withdraw the application. After that time, the Registrar will
register the relationship and issue the couple with a certificate recording the
event if the appropriate application has been submitted and the fee paid.
Effect of registration
Couples in registered relationships will be recognised as “de facto partners”
for the purposes of most legislation in NSW.
This will mean people in registered relationships will be able to rely on
their certificate of registration to access various entitlements, services and
records under NSW law. Registered couples may be able to access more easily,
key benefits and rights under NSW legislation. Additionally, in situations that
are not necessarily governed by legislation, service providers may choose to
accept registration of a relationship as proof of the legitimacy of that
relationship.
Couples in registered relationships will also be subject to certain
obligations or restrictions under NSW law.
Other Australian
jurisdictions
The legislation provides for the Government to make regulations recognising
interstate registered relationships in NSW. For more information, please refer
to Clause 4 of the Relationships Register Regulation
2010.
If a relationship breaks
down
There is a fee to revoke a registered relationship. Either or both parties
can apply, as it's not necessary for both partners to agree.
If only one partner is revoking the registration, they must provide proof
they have served notice on the other. If the partner cannot serve notice, the
Registrar has discretion to dispense with the notice requirement.
There is then a cooling-off period of 90 days before the registration is
revoked by the Registrar. This ensures that people do not lightly make a
decision to end their relationship. As this is an administrative procedure
there will be no need to engage lawyers or go to court. A fee is charged for
making an application to revoke registration. If either couple requires a copy
of the certificate showing the revocation details, then standard certificate
fees apply.
Registration of a relationship may also be revoked by law on the death or
marriage of a person in the relationship.
A registration is considered void (having no legal effect) if:
- the agreement of one or both persons in the relationship to registration was
obtained by fraud, duress or other improper means,
- when the relationship was registered either party was mentally incapable of
understanding the nature and effect of registration, or
- the relationship was prohibited (ie one of the persons was married etc).
Withdrawing an
application
There is no fee for withdrawing either a Relationship registration (within
the 28 days cooling off period), or a Relationship revocation (within the 90
days cooling off period). There is no refund of application fees.
Disclaimer
The information here does not constitute legal advice. If you would like
advice about the implications of registering your relationship, you should
consult a qualified legal practitioner.