Changes in Legislation for Recognition of Same-Sex Couples in South Australia

Same Sex Relationship Register Last week, the South Australian Parliament approved legislation which would allow a register for same-sex couples to register their relationship with the state. This is likely to have a wide variety of implications for couples who chose to register their relationship, such as making it easier to…

Same Sex Relationship Register

Last week, the South Australian Parliament approved legislation which would allow a register for same-sex couples to register their relationship with the state. This is likely to have a wide variety of implications for couples who chose to register their relationship, such as making it easier to prove the existence of a de facto relationship for partnership visas and the like.

Additionally, this will make it easier for same-sex de facto couples in South Australia to prove the existence of a de facto relationship in property settlement matters before the Federal Circuit Court or Family Court of Australia. Section 4AA of the Family Law Act sets out the meaning of a ‘de facto relationship’ which applies to both heterosexual and same-sex de facto couples. One aspect the Court may consider when deciding whether a de facto relationship exists is prescribed in the legislation as “whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship”. The Court could then consider the implication of any couple who chose to register their relationship as part of a decision as to whether the couple indeed qualified as a de facto couple.

A register for same-sex couples has not existed in South Australia previously, whilst this has been possible for couples living in most other states for some time. As such, South Australian same-sex couples are now able to take this active step at having their relationship registered.

Contact Us

If you seek advice or assistance in relation to these changes, contact us on 8523 8400 (Gawler) or 8211 6500 (Adelaide) to arrange an appointment for an initial no obligation consultation. Alternatively, send an email to legal@rudalls.com.au and we will contact you.