Page 1606 - Week 05 - Thursday, 11 May 2006
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The Domestic Relationships Act states that, if a party to a domestic relationship has provided personal or financial support to their partner over a two-year period, he or she is entitled to apply to the court for adjustment of ownership regarding their partner’s property. However, before a person can request this type of property adjustment, he or she must prove to the court that they are or were in a domestic relationship. For GLBTI people, this usually means meeting the definition of domestic partnership.
In deciding whether or not the couple are or were in a domestic partnership, the court can consider a list of factors, including whether the couple had lived together, been financially interdependent, shared a sexual relationship or shared the care of children. In practice, proving the existence of a relationship in this context can be difficult, especially if one partner is incapacitated, dies or if the relationship breaks down. The applicant must dig through their history and try to find documents or witnesses to prove these deciding factors. And this is not always easy, as it would not be for a heterosexual person if they had to do the same.
But property division is not the only area where couples can be required to prove that they are in a domestic partnership before they can exercise their legal rights. There are many situations such as proving one’s parental authority, making arrangements upon the death of a partner or approving treatment in a medical emergency. Although in the case of approving treatment in a medical emergency, the right to designate power of attorney can overcome this problem to some extent.
These are just a few examples of situations where an individual can be legally required to prove they are in a domestic partnership before being permitted to take certain actions or make decisions regarding their partner or child. The Civil Unions Bill will provide legal certainty to same-sex couples about their joint rights and responsibilities and make the process for proving relationship much easier, as the civil unions certificate could be provided rather than years of documentation.
In symbolic terms, this bill is a major step forward as it acknowledges that relationships between same sex-couples are just as meaningful and legitimate as relationships between those of the opposite sex. A long-term or even lifelong relationship between two people is significant, no matter what sex they are. Their commitment to each other should not have to be hidden or disregarded; it should be acknowledged and celebrated.
The ACT government’s choice to pursue civil unions rather than a relationship register acknowledges the social standing that these couples deserve. I am sure that there are many in the GLBTI community who would like to go even further and provide marriage to same-sex couples, because only then would the relationship between same-sex people be regarded as equal to the recognition provided to heterosexual couples. At the same time, we must recognise that we are implementing a scheme that provides some of the drawbacks in marriage, with its legal requirements, for instance, in seeking the equivalent of divorce. Nonetheless, the bill was developed through extensive consultation with Good Process, the very well-organised group, which has in turn consulted closely with its community.
In financial terms, the Civil Unions Bill may have the side benefit of increasing visits to the ACT as applicants need not reside in the ACT. We all know that this is not a reason
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