Everything you need to know about Queensland civil unions as it comes into effect this week

Everything you need to know about Queensland civil unions as it comes into effect this week

CIVIL unions for same-sex couples officially came into affect again in Queensland this week, three months after state parliament passed legislation for it.

After a three-year absence from when it was stripped back under the former Newman LNP government, the Relationships (Civil Partnerships) and Other Acts Amendment Bill 2015 passed easily through Queensland Parliament 64 votes to 22 on December 3.

A spokesperson from the office of Attorney General Yvette D’Ath has confirmed there was a 10-day waiting period after applying, and that ceremonies could be conducted at the Brisbane Registry Office at the Magistrates Court.

The spokesperson also said that as of 5pm on the first day of civil partnerships, March 22, no one applied.

“I’ve been told celebrants can fill out forms and become notaries quite quickly – within a matter of days,” the spokesperson told the Star Observer.

“If they are not celebrants, it does take longer as various checks have to be carried out. We have had a number of celebrants apply on the first day to become notaries and we hope to register them by the end of this week.”

According to the Attorney General’s office, the basic procedure allows new Queensland couples two ways to register their civil union. This includes making a civil partnership declaration and then having the relationship registered by the state Registrar of Births Deaths and Marriages, or by applying to the registrar to register their relationship without making the declaration.

Before the declaration, the couple must give notice of their intention to enter into a civil partnership to a civil notary and the registrar, should the latter not be the civil notary. (Click here for full details)

Registering in a civil union provides a same-sex couple with proof and recognition of their relationship under Queensland law.

According to the Brisbane-based LGBTI Legal Service, while precedents will help clarify some complicated issues, there are legal nuances and practical realities with the re-introduction of civil unions for couples in the LGBTI community:

Beneficiaries: A civil union is a registered contract, making your partner a super or any other beneficiary is clear, but a de facto relationship may have to prove a relationship exists.

Wills: Same as a marriage. Anything can be contested, but there’s a fairly solid legal standing. In the separation situation and the civil partnership was formally terminated, it’s just like a marriage’s divorce. If a will has not been rewritten, any gift to an ex-partner is revoked automatically, so there’s no need to rewrite it. That said, in a de facto it differs — there’s a risk all the assets may go to the ex-partner if the will is not rewritten.

End of Life Decisions: In a civil union there’s a better standing to carry out your partner’s wishes without interference than a de facto.

Funeral Preparations: A civil union is formal evidence of a relationship since it’s registered in the same way as a marriage — no huge difference in the legal point of view. A partner’s family can’t interfere.

“I’ve seen some clients come in who just lost a loved one and were not allowed by the partner’s family and even excluded from the funeral and everything related to it,” said Emile McPhee of the LGBTI Legal Service.

“The partner’s family treated them even less than a friend although they’ve been together over 10 years.”

Cemetery Plots: Civil unions allow the wish to be buried together just as if they were a hetero-married couple. It has the same standing as a marriage, even if your partner’s family causes drama and intervenes wanting to put your partner in the family plot.

Hospitals: Civil unions affords the same privilege as a marriage. When visitation is only allowed in the event of a critical accident by the next of kin, doctors usually trust your word. However if pushed for proof, it’s easier to prove your relationship in marriages. They offer the option of taking the same surname — all that’s needed is showing your driver license or other ID. In a civil union with different surnames, a certificate may be required as proof. There is no equivalent in a civil union for name changing as in a marriage. In a civil union, a separate formal legal name change process with additional legal fees would be required.

Divorces: Both civil partnerships and marriages are handled similarly. If the civil union sours, you’ll need to terminate it, as there is no “divorce”. Assets are dealt with same as a marriage or de facto under the Family Law Act. The relationship’s combined assets may be divided with some possessions legally lost in the split. Pets are considered assets, not a shared custody.

Reception Hall Rentals: A business is required to serve all customers per the Anti-Discriminatory Act on the grounds of sexuality. The business may argue they won’t rent based on religious grounds, but even a religious organisation is on shaky ground. The same applies to a bakery refusing to make a wedding cake for a same-sex couple.

Taxes: Neale Harris of Nash Accounting said the Commonwealth recognised same-sex de facto relationships and marriages in the same fashion since July 2009 when it came to taxes, Centrelink, social security and family assistance benefits. A civil union won’t see any difference in declaring spouses for tax purposes as anyone in a genuine domestic relationship as a couple on your tax return. Centrelink will take into account a partner’s income before dispersing any benefits.

Although civil unions in other Australian states are recognised, the Queensland legislation may need to be updated so it acknowledges civil partnerships from other states.

For example, overseas civil unions registered in New Zealand, the US or UK have no auto-recognition in Queensland. There is no ability for Queensland law to recognise another country’s documents, they require registration.

Until Australia recognises civil unions at a federal level, a Queensland civil partnership is only legally valid in Queensland and the other Australian states recognising it. If visiting another state that doesn’t recognise it and an accident occurs, the spouse’s family may possibly override an End of Life decision and disallow the partner’s wishes.

For legal advice on Queensland civil unions for same-sex couples, contact the LGBTI Legal Service

You May Also Like

20 responses to “Everything you need to know about Queensland civil unions as it comes into effect this week”

  1. The LNP hate all unions remember, I just chose not to join one with my own free within my job! There is nothing civil at all about a civil union! They are worthless anyway, because they are not universally recognised interstate or internationally as much as civil marriages currently are!

  2. Congratulations Queensland, you have scrapped at the bottom of the barrel for a poorly drafted civil unions law!

  3. “Will you civil union me?”, just does not sound right and is very stupid! “Will you marry me?”, now that sounds much better!

  4. Civil unions are just skim milk that’s gone off and smells. I like the real deal or the real mc coy! I like full cream milk that is called full marriage equality!

  5. Let’s get some facts here people of Queensland: This is what you get with a hung parliament in Queensland, shit laws not worth the PDFs copy paper it is written on. Remember the 2010 Labor Green Alliance at a federal level in the last hung parliament? They actually voted down a bill to allow marriage equality! Last fortnight ago, again the same thing happened within the Australian Senate 3 times! Marriage bills always get voted down at the Federal Australian Parliament – faster than a suicide bomber holding a kit Kat in Baghdad! Civil unions are just a simple comprise to get something through and nothing more!

  6. Civil unions are a terrorists best friend, because it gives in and plays into the hands within the religious zealots of Australia! That’s the Queensland government advocating terrorism in my book! I laugh at this archaic civil union thing here in Queensland, they are a complete joke to my LGBTI mates and family. They are a complete insult. These civil union schemes are outdated and inadequate for 2016! Why can’t we have full civil marriage equality, like the rest of the western world? What’s next frog licences and cane toads running the country as federal politicians?! I am completely embarrassed to be Australian!

    • Sandy you are completely nuts, just like our federal politicians and our dickhead & complete cunt mr still carry on with Tony Abbott’s policies wealthy prime minister Malcolm Turnbull!

  7. Queensland also still does not allow same sex couples to adopt children. As does the Northern Territory and South Australia. So the civil union law is useless to recognise the children within a civil union anyway as well! Civil unions are worth nothing more than toilet paper, I must say! Sorry I would rather wait another 5 years, until marriage equality passes into law at a federal level! Queensland is a laughing stock, still lagging behind the southern states!

  8. Civil unions are outdated and complete horse shit. I would personally rather have a civil marriage instead!

    • So fucking true Shane! And not one couple has registered a civil union yet, despite civil unions being available in Queensland since 22 March 2016. What does that say? Just like a dog or cat register, it is not worth the paper it is written on full stop! I would rather have a shit in a state forest, than to have a civil union! I am still waiting for my right to get a civil marriage, just like millions of other LGBTI Aussies! The laws in Australia are a complete joke and our justice system is in a complete shambles! The LNP are a complete embarrassment!

  9. I have been in a same-sex relationship, living up in Cairns for over 15 years now. I and my other half refuse to get a shitty and poorly drafted unrecognisable civil union, I want to get civil married instead! I and lots of other couples am fucking sick and tired of this bullshit! Bring on the federal election I say!

  10. NSW, TAS, VIC and the ACT already has civil unions or a relationship register scheme in place for years now! These places also recognise overseas same sex unions/marriages as equivalent to the civil union/relationship register! Queensland’s civil union scheme is a total joke at being sloppy and poorly drafted! The QLD Civil Partnership Act 2011 was much better, but typical LNP conservatives repeal good LGBTI laws!

  11. Remember the civil union law only applies to Queensland and not anywhere else. Why do we have 8 different state/territory laws in Australia? God bloody sake, why can’t we just have one federal law for all Australians, no matter what state or territory you live in! It is a total utter fucking shambles! That is why people rather go overseas to get married or a civil union these days! Our governments just do not get it in 2016!

  12. Wow, Australia is only just starting to allow civil unions – I am embarrassed to be Australian! What about catching up with the rest of the western world and passing and implementing marriage equality instead?!

  13. WHAT, a 10 day waiting period for a civil union in QLD – you have to be fucking joking me. Sorry I rather go on a 2 hour plan trip to New Zealand and get a civil marriage there instead!

    • I thought that too, a waiting period for a civil union is a complete joke and an embarrassment as a Queenslander! The world has gone fucking mad! No wonder why the southern states laugh and make fun of us Queenslanders! Heck we still do not even have daylight savings up here too!

  14. I must say Malcolm Turnbull better plan his burial plot very soon, with this double dissolution federal election coming very soon! Civil unions are better than nothing, but even WA, NT and SA do not provide one either!

  15. No one applied for a civil union? That does not surprise me at all! Why have a civil union, when you can get a civil marriage in New Zealand, New Caledonia and/or a UK consulate! Australia you are way behind the times my dear!

  16. Civil unions are shit, it is time for real marriage equality! What is the point of having a civil union, when other places will not recognise them anyway?! What a joke Australia has become! Civil unions only came about to please the religious fanatical mob, who do not like the title marriage! Plus if the federal government do not recognised them, why have it then it is a complete waste of time!