Entering into a civil partnership
How do we enter into a civil partnership?
You may enter into a civil partnership in Queensland if at least one of you lives in Queensland; neither of you is already married or in a civil partnership (either in Queensland, interstate or internationally); and where your relationship is not a prohibited relationship.
You can enter into a civil partnership in two ways:
1. Registration only – completing an Application to Register a Civil Partnership (PDF, 1.2 MB) and submitting the application to the Registry of Births, Deaths and Marriages.
2. Declaration ceremony – completing a Notice of Intention to Enter into a Civil Partnership (PDF, 917.2 KB) and by making a booking for a ceremony where you make a declaration of civil partnership before a Civil Partnership Notary or at the Registry of Births, Deaths and Marriages.
How do we register our civil partnership relationship?
You can register your relationship by completing a Application to Register a Civil Partnership (PDF, 1.2 MB) and lodging your application with the Registry of Births, Deaths and Marriages. The application must include a statutory declaration by each person, identification documents for each person, evidence of where you or your partner live and anything else the Registry requires. See ‘What sort of identification documents do we need’ for more information.
Once your application is submitted, the Registry is required to hold your registration for 10 days prior to finalising the registration. This is referred to as the ‘cooling-off’ period. See ‘What is the cooling-off period’ for more information about the cooling-off period.
Immediately following registration, the Queensland Registry of Births, Deaths and Marriages can issue a certificate of the civil partnership. See 'Am I able to order a civil partnership certificate' for more information about ordering a certificate.
How do we hold a declaration ceremony of our civil partnership?
You and your proposed civil partner must complete a Notice of Intention to Enter into a Civil Partnership (PDF, 917.2 KB) and provide the notice to the Registry of Births, Deaths and Marriages, one of these regional Queensland courthouses, or to the Civil Partnership Notary who will conduct the declaration ceremony
This notice must include a statutory declaration by each person, identification documents for each person, evidence of where you or your partner live and anything else the Registry requires. See 'What sort of identification documents do we need' for more information.
The notice must be provided at least 10 days before the date of the ceremony.
When you give the Civil Partnership Notary/Registry of Births, Deaths and Marriages your Notice of Intention to Enter into a Civil Partnership (PDF, 917.2 KB), the Civil Partnership Notary/Registry will give you a Written Notice Setting out the Legal Effect of a Civil Partnership (PDF, 105.8 KB). This sets out what a civil partnership is and the rights and responsibilities you will have after making your declaration. It will also tell you some things you need to consider if at some stage you decide to end the civil partnership.
The Notice of Intention to Enter into a Civil Partnership is valid for 12 months after submitting it to the Civil Partnership Notary/Registry of Births, Deaths and Marriages.
At least one (1) witness must be present at the declaration ceremony. You and your proposed civil partner, the witness/es and the Civil Partnership Notary are required to sign Notice of Declaration of a Civil Partnership (PDF, 913.8 KB).
What happens after the declaration ceremony?
After you and your civil partner have made a declaration of civil partnership before the Civil Partnership Notary, the Civil Partnership Notary must give the Registry of Births, Deaths and Marriages the completed Notice of Declaration of a Civil Partnership (PDF, 913.8 KB).
When the Registry receives this information, the Registrar will register the civil partnership. From this date, the Registry can issue a certificate of the civil partnership.
We want to have a ceremony to recognise our civil partnership. What do we have to do?
If you wish to have a ceremony performed by a Civil Partnership Notary you should contact the Registry of Births, Deaths and Marriages directly to discuss the completion of forms, identification and evidence of where you live requirements and fees. A list of qualified Civil Partnership Notaries will be available shortly. At present, however, no external Civil Partnership Notaries are registered.
Currently, ceremonies can only be performed at the Registry of Births, Deaths and Marriages, 110 George Street, Brisbane or one of these Queensland regional courthouses.
See 'How do we make a declaration of a civil partnership ceremony?' For more information
Where can we have our ceremony?
Initially ceremonies to make a declaration of civil partnership will need to be held at the Registry of Births, Deaths and Marriages, 110 George Street, Brisbane or one of these regional Queensland courthouses.
If you wish to make an appointment to view the location of the Registry of Births, Deaths and Marriages please contact the Registry.
Once external Civil Partnership Notaries are registered, civil partnership ceremonies will be able to be held anywhere in Queensland, subject to obtaining the relevant approvals to access and use that location.
Please refer back to the Department of Justice and Attorney-General website regularly for updated information. We also recommend subscribing for RSS feeds or following the Department of Justice and Attorney-General’s Twitter account for further updates.
What sort of identification documents do we need?
Proof of Identity
You and your proposed civil partner will both have to provide proof of identity. Three separate forms of identification will need to be presented.
For further information on proof of identification requirements, please refer to the proof of identification section in the related Application.
Evidence of Residency
You will need evidence of residency that proves that one of you lives in Queensland and has done so for at least six months prior to making the application. See 'Do we have to be Queensland residents to enter into a civil partnership?' for more information
Certification by Qualified Witness
As part of establishing proof of identity and evidence of where you live, copies of all documents submitted to the Registry in support of an application must be certified as a true and correct copy by a qualified witness.
The following persons are considered to be qualified witnesses and are able to certify photocopies as being ‘a true and correct copy of the document’:
- Justice of the Peace
- Commissioner for Declarations
- Barrister/Solicitor
- Notary Public.
All certified documents are to be in English otherwise these must be translated by an accredited translator. The official translation document is to accompany the original documents.
What is the cooling-off period?
The cooling-off period is the minimum time you and your proposed civil partner have to wait between:
- the date an Application to Register a Civil Partnership is given to the Registry of Births, Deaths and Marriages and having the relationship registered as a civil partnership, or
- submitting a notice of intention to enter into a civil partnership and making a declaration of civil partnership.
During the cooling-off period one or both persons who intended to enter into a civil partnership may withdraw his or her application/intention.
Notice of withdrawal of an application to register a civil partnership (PDF, 848.3 KB)
Can the Registrar refuse to register our civil partnership?
The Registry of Births, Deaths and Marriages may refuse to register your civil partnership if:
- he or she is not satisfied that you meet the eligibility requirements, or
- one or both of you withdraw the application in the cooling-off period.
If you are not happy with the decision of the Registrar you may apply to the Queensland Civil and Administrative Tribunal (QCAT) for a review of the decision by the Registrar. See 'What do I do if I am not happy with the decision of the Registrar' for information about how to apply to QCAT.
How is a civil partnership terminated?
A civil partnership is terminated upon the death or marriage of either partner, or it can also be terminated by court order.
You or your civil partner may apply to the District Court for an order terminating your civil partnership if:
- you have lived separately and apart for a continuous period of at least 12 months, and
- at least one of you believes that there is no likelihood of a reconciliation between you.
Where an application for termination is made by only one of you (the applicant), the applicant must personally serve the application on the applicant’s civil partner and file an affidavit of service, before the court date.
The termination of the civil partnership takes effect on the date of the court order.
The District Court will provide a copy of the termination order to the Queensland Registry of Births, Deaths and Marriages.