Registering a relationship in NSW

Key insights

• Registering a relationship in NSW creates formal legal recognition without needing to prove de facto status later
• The primary benefit is certainty, particularly in property settlement and spousal maintenance disputes
• Registration can support access to superannuation death benefits, estate planning rights, and medical decision-making recognition
• You don’t need to register to be considered de facto under the Family Law Act 1975, but proving it can be complex
• Eligibility is strict: both parties must be over 18, not married, not related, and at least one must live in NSW
• The process includes a mandatory 28-day cooling-off period before registration is finalised
• If you separate, a registered relationship is treated similarly to a de facto relationship, but without disputes over its existence
• Revoking a registered relationship does not remove potential legal claims, including property settlement

Not all relationships are formally recognised, but that doesn’t mean they lack legal significance. If you’re in a committed relationship and living together, you might already have legal rights as a de facto couple, despite not being married or having registered your relationship.

In New South Wales, couples can also choose to make things official by registering their relationship. This allows your relationship to be classified as de facto without having to otherwise meet the criteria as defined under law. This can help to allow couples to access entitlements, services and records that are otherwise only provided to legally recognised partners (de facto or married).

What does registering a relationship mean?

Registering a relationship is a formal way of legally recognising your relationship with your partner through the NSW Government.

It’s available to both same-sex and opposite-sex couples and creates a clear, legal record that your relationship exists. You can find more details or apply through the NSW Government website here: https://www.nsw.gov.au/family-and-relationships/relationship-register

Why register a relationship?

You might be wondering why people choose to register a relationship in NSW when de facto relationships already exist under the law, and the law doesn’t require couples to complete any forms to be recognised as de facto.

The main benefit is certainty.

When your relationship is registered, you don’t need to prove that you were in a de facto relationship if a dispute arises. This can make things much simpler if you separate. Registering your relationship can help to simplify property settlement claims and can support spousal maintenance claims and can also aid with estate planning, access to superannuation death benefits, and medical or decision-making recognition in certain situations.

Who can register a relationship in NSW?

Not every couple is eligible to register a relationship. To apply, you’ll need to meet the following criteria:

• You and your partner are both over 18
• You’re not married or already in another registered relationship (anywhere, either in NSW, another state, or another country)
• You’re not related
• At least one of you lives in NSW

If you meet these requirements, you can move forward with the application.

How to register a relationship in NSW (step-by-step)

If you’re looking into registering your relationship in NSW, the process is relatively straightforward.

1. Complete the application online through the NSW Government website: https://www.nsw.gov.au/family-and-relationships/relationship-register
2. Provide the required identity documents for both partners
3. Pay the application fee
4. Wait through a mandatory 28-day cooling-off period
5. Once approved, your relationship is officially registered

In terms of the processing time to register a relationship in NSW, the total timeframe usually includes the 28-day cooling-off period plus any administrative processing time.

What happens after your relationship is registered?

Once your relationship is registered, it becomes legally recognised under NSW law.

This means that if your relationship breaks down, you won’t need to prove that you were in a de facto relationship to access legal remedies. The registration acts as clear evidence of your relationship. It can also be relevant in other areas, like estate planning or dealing with financial institutions.

What happens if you separate?

If you separate, a registered relationship is generally treated in the same way as a de facto relationship under Australian family law. This means you may be eligible to apply for property settlement and spousal maintenance.

The key difference is that registration removes arguments about whether the relationship meets the legal threshold of being “de facto”, which can otherwise become a major issue in disputes.

Can you cancel a registered relationship?

Yes, you can cancel (revoke) a registered relationship in NSW, found here: https://www.service.nsw.gov.au/transaction/apply-to-revoke-a-registered-relationship

Generally, the process involves submitting an application and meeting eligibility requirements. Only parties to a registered relationship can apply to revoke the relationship. An application can be made together or by only one party; however, if the application is made by only one person, they must serve notice of the application on the other person and lodge proof of the notice. Once submitted, one or both of the couple may apply to withdraw the application within 90 days of its submission.

There may also be a waiting period of 90 days before the revocation takes effect.

However, revocation of a registered relationship does not prevent your partner from making an application for property settlement. Even if you revoke your registered relationship, you may be held as de facto under the law, especially if you revoke the registered relationship and then continue in the relationship or get back together.

Is your relationship still considered de facto if you didn’t register?

Yes. You don’t have to register your relationship for it to be recognised under the law.

Under the Family Law Act 1975, a relationship can still be considered de facto based on factors like:

• The length of the relationship
• Whether you live together
• Whether a sexual relationship existed
• Financial interdependence
• The ownership, purchase or use of each other’s property
• The care and support of children
• The nature of your commitment
• The reputation and public aspects of the relationship

Couples do not need to tick all of the above boxes to be classified as de facto; however, these are some examples of what may be considered when determining whether a relationship existed. Though without registration, disagreements about whether a relationship was truly “de facto” can become a key issue, especially in property or financial disputes.

Already in a de facto relationship?

If you’re in a de facto relationship, there are steps you can take to protect yourself, such as entering into a binding financial agreement or getting advice about your rights if separation occurs. If your relationship has broken down, you may also be entitled to pursue a property settlement or spousal maintenance.

Whether you choose to register your relationship or not, your legal rights can still be significant. If you’re unsure where you stand, the experienced team at Watts McCray Lawyers is here to assist.

Start by scheduling a confidential consultation with our team.