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Civil Unions Act 2012 Civil Unions Act 2012 enables couples, who are unable to marry under the Commonwealth Marriage Act 1961 Civil Unions Act 2012 recognises that a civil union is different to a marriage but is treated under territory law in the same way as a marriage.Domestic Relationships Act 1994
Information on civil partnerships is below.
Click here for further information on civil unions .
The Office of Regulatory Services (ORS) registers civil partnerships under the Domestic Relationship Act 1994 (the Act). Civil Partnerships are registered at the ORS shopfront. Couples may wish to have a ceremony performed prior to registration; however unlike a marriage or a civil union, a ceremony is not required for a civil partnership to be registered.
Under the Act, a civil partnership is a legally recognised relationship where the two parties are taken for all purposes under A.C.T. law to be in a domestic partnership.
At least one of the proposed civil partners must be a resident of the A.C.T. Two forms of evidence of residency must be provided. The evidence of residency must have the applicant’s address listed and may be:
a photographic driver licence;
contract of purchase, current lease or rental document;
a current A.C.T. Revenue Office Rates Notice;
a current Land Tax Valuation Notice;
an Australian Taxation Office Assessment (last or current financial year) or an Australian Taxation Office tax file number notice issued in the last 12 months;
utility accounts paid within the last six months;
pay television account paid within the last six months;
home contents policy dated within one year of the application;
motor vehicle insurance policy dated within one year of the application; or,
current health/life insurance policy or renewal notice within one year of the application.
Am I eligible to enter into a civil partnership? Two adults may enter into a civil partnership only where one of the proposed civil partners lives in the A.C.T. neither proposed civil partner is married, in a civil union or a civil partnership, and they are not in a prohibited relationship with the person’s proposed civil partner. Prohibited relationships are:
lineal ancestor;
lineal descendent;
sister;
half-sister;
brother; and,
half-brother.
Civil partnerships under the Domestic Relationship Act 1994 are registered at the ORS shopfront. Couples may wish to have a ceremony performed prior to registration or after registration; however unlike a marriage or a civil union, a ceremony is not required for a civil partnership to be registered.
Persons wanting to register a civil partnership at the Office of Regulatory Services shopfront may apply by completing an Application to Register A Civil Partnership form and paying the prescribed fee for a certificate.
Original forms of identification and evidence of residency must be presented if applying at our shopfront. Applications made via the post must be accompanied by copies of identification and evidence of residency certified as true and correct copies by a Solicitor, Justice of the Peace or Police Officer.
A civil partnership is terminated upon the death or marriage of either party. A civil partnership is also terminated when the parties to the civil partnership enter into a civil union with each other. Notice to Terminate a Civil Partnership .
Where a notice is given to the Registrar-General by only one party, it is only effective if a copy has been served personally on the other party and the statutory declaration attached to the notice is completed.
At the end of 12 months after the day the notice is given to the Registrar-General the civil partnership is terminated unless:
the termination notice is withdrawn;
the Supreme Court makes an order that the notice is not effective to terminate the civil partnership; or,
the civil partnership has already been terminated by the death or marriage of either party.
Upon termination the Registrar-General will give each party written notice that the civil partnership has been terminated on the date stated in the notice. This notice will be posted to the last known address of each party.
Although the Civil Partnerships Act 2008 has been repealed, civil partnerships registered under the Act that have not been terminated, are taken to be civil partnerships under the Domestic Relationships Act 1994 .
If you had applied for registration of a civil partnership and a decision was yet to be made by ORS then the application is taken to be an application under the Domestic Relationships Act 1994 .
If you had given a notice of intention to enter into a civil partnership to a civil partnership notary, but the declaration of civil partnership was yet to be made then section 8B of the Civil Partnerships Act 2008 continues to apply for making the declaration of civil partnership.
If you had entered into a civil partnership under the Civil Partnerships Act 2008 but it was yet to be registered then the repealed Act continues to apply for registering the application.
If you had given a termination notice under the Civil Partnerships Act 2008 , but the termination was yet to occur, then the notice is taken to be a termination notice under the Domestic Relationships Act 1994 .
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