California case: you’re registered when you’re not

California case: you’re registered when you’re not

We have seen that Tassie, Victoria and now the ACT have put in place (or are about to) a registration scheme for de facto and same sex couples.

One of the questions to be asked is: what if I thought I was registered because my partner told me so, but in fact I was never registered because my partner never bothered to register us despite saying otherwise?

Although there is no Australian caselaw on point, a case taken by Lambda Legal in California under the Domestic Partner Act says that you can assume that you are covered. Of course, the key question is that you are believed, and this will come down to your credibility and any corroborative evidence.

The case, Ellis v. Arriaga, involved exactly this scenario- Daniel Ellis filed a petition to dissolve his domestic partnership with David Arriaga, only for Mr Arriaga to defend it on the basis that the partnership had never been registered, and therefore could not be dissolved.

The California Court of Appeal held that under the California Domestic Partner Act,

a person’s reasonable, good faith belief that his or her domestic partnership was validly registered entitles that person to the rights and responsibilities of a registered domestic partner, even if the registration never took place.

The California Legislature’s stated purpose in enacting the Domestic Partner Act was to extend to registered domestic partners all the rights, benefits, and
obligations of married persons, with the exception of the rights, benefits, and obligations accorded only to married persons……..Under the equitable putative spouse doctrine, a person’s reasonable, good faith belief that his or her marriage is valid entitles that person to the benefits of marriage,even if the marriage is not, in fact, valid. …It … extends to those who intended to register their domestic partnerships under the Domestic Partner Act and had a reasonable,
good faith belief that the registration had occurred, despite the failure to properly
complete the registration. As a result, a person may plead and attempt to prove that he or she is entitled to the rights and responsibilities of a registered domestic partner under these circumstances.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Sperm donor family limit in Queensland explained

Queensland’s new sperm donor family limit was intended to create clarity, consistency and better access to donor sperm. Instead, guidance issued to IVF clinics has produced a result that appears to halve donor access for many lesbian couples. The legislation provides for a 10-family limit. Yet where two women are in a couple and seek… Read More »Sperm donor family limit in Queensland explained

NSW fertility inquiry: surrogacy evidence under scrutiny

The New South Wales Legislative Council fertility inquiry is examining difficult and practical questions about access to assisted reproductive treatment. Distance matters. Cost matters. Regulation matters. For many people trying to create a family, these are not abstract policy concerns. They can determine whether treatment is available at all. Among the issues before the inquiry… Read More »NSW fertility inquiry: surrogacy evidence under scrutiny

Surrogacy lawyer explains upcoming ALRC reports

Australia is approaching an important moment for family and fertility law. By the end of July 2026 and during August 2026, the Australian Law Reform Commission, or ALRC, is expected to deliver two major reports to Commonwealth Attorney General Michelle Rowland. One report will address surrogacy law. The other will examine Australia’s human tissue laws.… Read More »Surrogacy lawyer explains upcoming ALRC reports

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board