What if I don't register a Deed of Relationship?
Under Tasmanian law, couples who do not register their relationship may still have the same rights, responsibilities and protections as other couples.
However, couples who do not register may be required to prove they are in a significant or caring relationship to access these rights, responsibilities and protections.
As explained in "The Benefits of Registration" non-registration also may mean it takes longer and is more difficult to access relationship rights, and deprives the relationship of official affirmation.
The Tasmanian Relationships Act is clear about what features of a relationship can be taken into account in determining whether two people are in a non-registered personal relationship.
None of these features are absolutely necessary. A court determining the existence of a relationship may "attach such weight to any matter, as may seem appropriate to the court in the circumstances of the case."
The following features of a relationship will be taken into account when determining if that relationship has the status of a significant relationship.
(a) the duration of the relationship;
(b) the nature and extent of common residence;
(c) whether or not a sexual relationship exists;
(d) the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties;
(e) the ownership, use and acquisition of property;
(f) the degree of mutual commitment to a shared life;
(g) the care and support of children;
(h) the performance of household duties;
(i) the reputation and public aspects of the relationship.
The following features of a relationship will be taken into account when determining if that relationship has the status of a caring relationship.
(a) the duration of the relationship;
(b) the nature and extent of common residence;
(c) the degree of financial dependence or interdependence, and any arrangements for financial support, between the parties;
(d) the ownership, use and acquisition of property;
(e) the degree of mutual commitment to a shared life;
(f) the performance of household duties;
(g) the reputation and public aspects of the relationship;
(h) the level of personal care and domestic support provided by one or each of the partners to the other
