Relationships Register
The Relationship Register is administered by the NSW Registry of Births, Deaths & Marriages (“BDM”). The Register essentially
provides legal recognition for persons in a relationship as a couple but not married and regardless of sex.
Couples do not need to provide evidence of their relationship to apply for registration with BDM. Both members of the relationship
will need to make a statutory declaration and provide proof of identity. It is an offence to make a false statutory declaration with
penalties of up to 7 years imprisonment.
After an application is lodged with BDM, there is a cooling off period of 28 days before registration occurs. Couples in a registered
relationship will then be recognised as “de facto partners” for the purposes of most laws in New South Wales. This means couples
in a registered relationship can now more readily access entitlements, services and records under NSW laws.
If a registered relationship breaks down, either or both parties can revoke the registration with BDM. Both parties do not have to
agree to a revocation. There is a longer cooling off period of 90 days before the registration is revoked. Registration may be revoked
upon marriage of a person in the relationship.
In the event of separation, couples in a registered relationship in New South Wales can apply to a court for maintenance and
property orders even if their de facto relationship was for less than 2 years.
Upon death, registration of a relationship may also be revoked. The person who is in a registered relationship with the deceased
person at the time is treated as an eligible person to make a family provision claim against the deceased person’s estate.
The NSW government is working with the Commonwealth government on whether NSW registration will be recognised under
Commonwealth law. If couples in a registered relationship move from NSW to elsewhere in Australia, they should seek advice from
a local solicitor.