Q. What is a civil union?

A. Civil union allows a couple to establish a domestic partnership by making a formal declaration of their intention to be domestic partners before the Registrar-General or an authorised celebrant.

Q. How does civil union differ from registration or same-sex marriage?

A. Civil union is a completely new option that can be used by anybody regardless of gender. It will give couples functional equality under ACT law with married couples but does not replace or duplicate marriage.

Civil union differs from registration in that registration is simply evidence of a domestic relationship. Civil union is not only evidence of a domestic partnership, it creates that partnership.

Q. Aren’t same sex couples already treated the same as opposite sex couples under ACT law?

A. Although the ACT Government has legislated for equal recognition of domestic partnerships other than marriage under ACT law, putting same-sex couples on the same footing as opposite-sex de facto couples, same-sex couples currently do not have equal recognition with married couples. Civil union will give couples equality in areas such as wills and the division of property where a person dies without having made a will.

Q. The Domestic Relationships Act 1994 already applies to same-sex couples - isn’t that sufficient?

A. The Domestic Relationships Act 1994 applies to a variety of relationships, including family relationships such as exist where an adult son or daughter has given up a career to provide domestic care for a parent in need. The Act essentially provides for an adjustment of ownership of property where two people have been in a domestic relationship for at least two years. The purpose is to extend and clarify the application of principles of equitable trusts as they relate to domestic situations. The Act does not create domestic relationships.

Q. Who can be an authorised celebrant for a civil union?

A. Anyone who is an authorised celebrant under the Commonwealth Marriage Act 1961 will be able to act as a celebrant for the purposes of an ACT civil union.

Q. Can opposite-sex couples enter a civil union?

A. Yes. The legislation will be non-discriminatory.

Q. Will people who are already married be able to enter a civil union?

A. No, nor will people who are already in another civil union. The rights and obligations flowing from a civil union are ones that attach to a primary relationship. There can only be one primary relationship at any given time. If a person who is in a civil union subsequently marries, the civil union is automatically terminated.

Q. What consequences will flow from a civil union?

A. In the ACT there will be no difference in legal effect between a civil union and a marriage made under the Commonwealth Marriage Act 1961. That means that laws that presently distinguish between married spouses and other domestic partners will need to be amended to accord equal treatment to civil-union partners.

One concrete example of the consequence of a civil union would be that where a person enters into a civil union after having made a will, that will is revoked by the civil union (unless made in express contemplation of the union). Similarly if, a civil union is terminated, any beneficial gift in favour of the former partner will be revoked, subject to the same considerations as apply to a beneficial gift to a spouse.

Q. Will the parties to a civil union need to live in the ACT?

A. No. The basis on which a birth, death or marriage is registered in the ACT is simply that the event took place in the ACT. The same will apply to civil unions.

Q. How will a civil union be terminated?

A. One or both of the parties will be able to terminate a civil union by giving notice in writing to the Registrar-General. If that notice is not withdrawn within one month, the civil union will be terminated. A civil union will also be automatically terminated on the death or marriage of one of the parties.

Q. Will the ACT civil union legislation conflict with the Commonwealth Marriage Act 1961?

A. No. A person cannot be in both a civil union and a marriage and an ACT civil union will always give way to a Commonwealth marriage. The meaning of marriage will not be altered in any way.

Q. Will an ACT civil union be recognised in other Australian jurisdictions?

A. A certificate from the ACT Registrar-General stating that two people have entered into a civil union may be used as evidence of the existence of a ‘marriage like relationship’ to access existing rights attached to such relationships in other jurisdictions. Direct recognition would require legislative action by the other jurisdiction to attach particular rights, responsibilities or other legal consequences to the relationship.

Q. What are other countries and other Australian jurisdictions doing in regard to same-sex union?

A. Tasmania was the first Australian jurisdiction to act. The Tasmanian Relationships Act of 2003 is a registration scheme. In the first 18 months there were 49 relationships registered. Interestingly, the UK will soon recognise Tasmania’s Relationships Act, treating couples registered under the Act as civil partnerships.

In New Zealand, the Civil Union Act came into force in April this year. There have been 250 civil unions so far. There have been 107 male-to-male unions, 101 female-to-female unions and 42 male-female unions.

Countries such as Denmark, Finland, Greenland, Iceland, Norway, Sweden, Liechtenstein, Hungary, Germany, France, Switzerland, and several US states have introduced civil unions or domestic partnership regimes. A smaller number (Belgium, Netherlands, Canada) allow same-sex couples to marry.

The United Kingdom recently passed the Civil Partnership Bill with overwhelming support in the House of Commons and a two-thirds majority in the House of Lords. The Act commences on December 5 – three days from now. The scheme is only open to same-sex couples.

Yesterday, the South African Constitutional Court found in favour of same-sex marriage.