AUSTRALIAN COUPLES FACE LEGAL UNCERTAINTY …

… AND DIFFICULTIES WITH INCONSISTENT LOCAL RELATIONSHIP LAWS

As Australian states enacted their own partnership schemes, these schemes were successively recognised under Britain’s Civil Partnership Act as the equivalent of UK civil partnerships.

This was useful at the time because it meant Britons and Australians could travel back and forth without losing their relationship entitlements.

Australian Marriage Equality national director, Rodney Croome, said,

“With the UK now allowing same-sex marriages, a problem has arisen because couples cannot be in a marriage and a UK civil partnership, including any Australian civil partnership equivalent.”

Australian state civil partnerships offer concrete legal benefits in both state and federal law. However, eligible couples who have a relationship registered under state law must terminate this partnership before being able to finally marry under UK law. This can jeopardise legal protections enjoyed by the couple or their family.

These include access to spousal entitlements regardless of cohabitation, access to some parenting rights, and being able to prove spousal entitlements if challenged, say, in a medical emergency or in immigration.

Croome said,

“British / Australian same-sex couples in Australian state partnerships now face a stark choice between the respect and recognition that comes with a UK marriage or the practical rights and entitlements that come with an Australia state civil partnership.”

“The best way to ensure couples no longer face this unfair choice, and to remove the absurdity of overlapping and conflicting laws, is to allow all same-sex couples to marry under Australian law.”
Australian Marriage Equality national director, Rodney Croome