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

Pride is in the Air: When Pride Met Purpose

Sometimes a moment lands in a way that feels more than coincidental. For Stephen Page, Director at Page Provan Family and Fertility Lawyers, that happened on a Sunday in March after speaking at the Growing Families Conference in Melbourne. The conference focused on surrogacy and donation, the two pillars of modern family building for many… Read More »Pride is in the Air: When Pride Met Purpose

Mexico Surrogacy Update: New Court Rulings Change Everything

Mexico has long been on many Australian intended parents’ lists for surrogacy. It offered a path that, for years, was relatively fast compared with some other jurisdictions. But Mexico is not standing still. Recent decisions from the Mexican Supreme Court of Justice have significantly reshaped how surrogacy is handled through the courts, and those legal… Read More »Mexico Surrogacy Update: New Court Rulings Change Everything

Colombia Surrogacy Update: The Bill That Died

Planning surrogacy in Colombia can feel like navigating two legal systems at the same time. There is what Colombia does (or decides not to do). And there is what Australian law requires of intended parents, even when the arrangement happens overseas. A recent development in Colombia matters because it affects whether foreign intended parents may… Read More »Colombia Surrogacy Update: The Bill That Died

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