Questions answered about the new Relationships Bill

Kristina Antoniades answers your questions about the new Relationships Bill 2008. If you have anymore legal questions about your relationship e-mail them to: kantoniades@landers.com.au and Kristina's answer will be posted in this column.

There has been a lot of media attention around same sex couples being able to register their relationship. What does this mean and how can I do that? (Jess, Vic)

The Relationships Bill 2008 ("the Bill") has recently been passed through Parliament. From 8th December 2008, same sex couples will be able to register their relationship with the Department of Births, Deaths and Marriages. Any person in a same sex relationship can register their relationship by completing an application form with their partner, signing a statutory declaration, and paying a fee of $180.00. However, there are legal obligations that come with registering your relationship and I would strongly recommend that you obtain some legal advice prior to doing so.

Do I have to be living with my girlfriend to register my relationship?

No. Cohabitation is not a prerequisite of registering your relationship. However, there are serious financial and legal implications that come with registering your relationship so please be informed and obtain some legal advice before you do so.

I am thinking about moving in with my partner of six months. I own my house, though she doesn’t really have anything. I'm worried that if we break up she will be able to take my house. Is there anything I should do to protect myself? (Anon, Syd)

It would be in your best interest to enter into a Relationship Agreement (which you will be able to do under the Relationships Act when it becomes operative in December 2008), which will protect your assets in the event your relationship breaks down. If you are planning to move in together prior to 8th December 2008 then you should enter into a Cohabitation Agreement to at least protect your interests in the interim. A Relationship Agreement is binding on the parties, however you must both seek legal advice prior to entering into the Agreement. It can specify that in the event your relationship was to break down that your partner would not have any claim to your property or to maintenance. I recommend that you obtain some legal advice prior to moving in together.

I heard that on Thursday, 13th November 2008, some law was passed in relation to lesbians having access to IVF. Is this now law?

That is correct. On 13th November 2008, the Assisted Reproductive Treatment Bill was passed through Parliament and is currently awaiting any amendments prior to it being given the Royal Assent and becoming legislation. Essentially the Bill provides for lesbian couples to be afforded the same parental rights as heterosexual couples and rights of access to IVF treatment. At present the current law fails to recognise the non-biological parent of a lesbian couple as a legal parent of a child. Under this Bill, the non-biological parent of a child will be presumed to be a legal parent of any child born if they are in a genuine domestic relationship when their partner underwent the procedure, and then became pregnant, and they had consented to the procedure.

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Kristina Antoniades, a lawyer in Lander & Rogers Family Law group, combines a strong commitment to pro bono work with a keen interest in domestic relationship law. This year, she has spoken at a number of parenting seminars for separated same-sex couples, and is currently undertaking pro bono presentations to other law firms on the implications of the Relationships Bill and how it will affect parties in domestic relationships.

Kristina also provides legal advice to the gay community, which she does as a mix of pro bono and paid work. In a recent case, Kristina acted for a woman who was involved in a dispute over children's issues with her former partner, the biological mother of their two children. In this case Kristina successfully secured a shared-care arrangement her client.

Kristina holds a Bachelor of Law and Bachelor of Arts from Monash University, is a member of the Junior Family Lawyers Committee and the Children and Youth Issues Committee with the Law Institute of Victoria. She is also a sporting enthusiast – currently a Second Dan Black Belt in Tae Kwon Do, winning bronze at the 1997 Australian Championships.