General information
What is a civil partnership?
A civil partnership is a new way of formally recognising a committed relationship between a couple. A civil partnership may be entered into by two adults who meet the eligibility criteria, regardless of their sex.
The relationship is legally recognised in Queensland and the Commonwealth once it is registered at the Registry of Births, Deaths and Marriages.
What is the legal effect of registering a civil partnership?
Registration of a civil partnership will provide you and your civil partner with proof of the existence of the relationship.
As a civil partner you will not have to provide any further proof that your relationship exists. This will make it easier for you to prove your relationship for things like superannuation, tax and government welfare payments.
This new type of relationship will be recognised in other Queensland and Commonwealth laws such as the Anti-Discrimination Act 1991 (Qld), Duties Act 2001 (Qld), First Home Owner Grant Act 2000 (Qld) and Family Law Regulations 1984 (Cwlth).
In Australia, New South Wales, Victoria, Tasmania and the Australian Capital Territory have similar laws that recognise civil partnerships. Please note however, a civil partnership registered in Queensland may not necessarily be recognised by jurisdictions other than Queensland and the Commonwealth. This will depend upon whether the jurisdiction has legislation which recognises a civil partnership registered in Queensland.
What is the difference between marriage and a civil partnership?
The Civil Partnerships Act 2011 allows two adults, regardless of their sex, to enter into a formally recognised relationship known as a civil partnership. A civil partnership is not a marriage.
Marriage is governed by the Marriage Act 1961 (Cwlth) which states that a marriage can only occur between a man and a woman. Under the Constitution, only the Federal Government can make laws with respect to marriage.
When will we be able to enter a civil partnership?
The Civil Partnerships Act 2011 commenced on 23 February 2012 . Allowing for the 10 day cooling off period, this would mean the earliest date you could enter into a civil partnership would be 5 March 2012.
Please refer back to the Department of Justice and Attorney-General website regularly for updated information. We also recommend subscribing to RSS feeds or following the Department of Justice and Attorney-General’s Twitter account for further updates.
Who can enter into a civil partnership?
You may enter into a civil partnership if:
- you are an adult (18 years or over)
- you are not married or already in a civil partnership
- you are not in a prohibited relationship with your proposed civil partner, and
- either you or your proposed civil partner (or both of you) lives in Queensland.
What is a prohibited relationship?
A prohibited relationship is a relationship between a person and:
- a lineal ancestor of the person (e.g. their parent or grandparent, etc)
- a lineal descendent of the person (e.g. their own child, etc)
- a brother or sister of the person, or
- a half-brother or half-sister of the person.
Do we have to be Queensland residents to enter into a civil partnership?
At least you or your proposed civil partner must live in Queensland to register your civil partnership relationship.
Evidence that you live in Queensland must accompany the Notice of Intention to Enter into a Civil Partnership (PDF, 917.2 KB) or the Application to Register a Civil Partnership (PDF, 1.2 MB). This evidence must show that the partner has lived in Queensland for at least six months prior to the application. Please refer to the forms for acceptable documents and other submission requirements.
The Registrar has discretion in deciding what is acceptable documentary evidence that you or your partner lives in Queensland. Decisions may be made by the Registrar on any unusual case that may fall outside of the requirements.
Am I able to order a civil partnership certificate?
Following registration of your civil partnership, you and/ or your civil partner can order a certificate.
A civil partnership certificate application (PDF, 229.4 KB) is to be completed in full together with the required proof of identification documentation to accompany the application whether submitting by post to the Registry of Births, Deaths and Marriages or lodging in person. A fee is payable for obtaining a civil partnership certificate. Please refer to Fees for more information.
If you are not one of the civil partners listed on the certificate and wish to order a certificate or information please refer to the Certificate Access Policy (PDF, 181.2 KB)
Is there a cost to have a declaration ceremony for our civil partnership?
Yes, there is a fee for the booking of the declaration ceremony and a fee for the ceremony.
For more information, please refer to Fees.
Is there a cost to register a civil partnership?
No, there is no fee to register a civil partnership. However, if you wish to have a declaration ceremony, there is a fee.
If you wish to purchase a civil partnership certificate, a fee is payable.
See Fees for more information.
What do I do if I am not happy with the decision of the Registrar?
If you are not happy with a decision of the Registrar to:
- register your civil partnership
- register you as a Civil Partnership Notary, or
- cancel your registration as a Civil Partnership Notary
you may apply to the Queensland Civil and Administrative Tribunal (QCAT) for a review of the decision.
The Registrar is required to give you (and your proposed civil partner, if applicable) an information notice under section 157 of the Queensland Civil and Administrative Tribunal Act 2009 within 10 days of making the decision. The information notice will state the decision, the reasons for the decision as well as your rights to have the decision reviewed by the QCAT.