As of today, 2 August 2017, both South Australian lesbian, gay, bi-sexual, transgender, intersex and queer (LGBTIQ) couples, and individuals married overseas, will have the ability to secure legal recognition of a new relationship.
This will also allow un-married couples, whether in a heterosexual or non-heterosexual relationship, to register their relationship and receive a Certificate of Registration through the Births, Deaths and Marriages registry.
This Relationships Register will allow all couples, regardless of their sex or gender identity, to register a relationship and have their status as a couple formally, and legally, recognised.
You are eligible to register a relationship if you are over 18 years of age, in a relationship with another person, as a couple, and one of the adults resides in South Australia.
You are unable to register your relationship if:
- Either adult is currently married;
- Either adult is already in a registered relationship;
- The adults are related by family.
In order to apply for registration, you must fill in the appropriate form accompanied by a statutory declaration of each party in the relationship. The statutory declaration must state a variety of factors about the relationship and relevant circumstances.
After the application is made, and the appropriate fee paid, there is a cooling off period of 28 days at which time the application can be withdrawn. The relationship will be registered by the Registrar after a reasonable time once this cooling off period has ended.
Through the implementation of this legislation, the Registrar holds powers of inquiry to find out particulars to verify information in respect of a relationship. There are penalties for anyone who fails, without reasonable excuse, to comply with an information request by the Registrar.
There are many different aspects to consider before registering your relationship. For example, the implementation of this will affect anyone who currently holds a will and enters into a registered relationship by revoking their will upon the registration of the relationship.
This change is a new step for equality in our legal system, allowing all couples to be legally registered.
If you require any further information about registering your relationship and the effects it can have for you, or require assistance in compiling a statutory declaration to register your relationship, give our solicitors a call to book an appointment today on (08) 8210 5400.