What's the difference between a civil union and a marriage?
Bridie Jabour
December 1, 2011
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As civil unions are brought in to Queensland law the fight to make gay marriage legal in Australia has raged on. So what is the difference between a civil union and a marriage?
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First and foremost, heterosexual and homosexual couples can enter a civil union according to the Queensland Civil Union Bill, but marriage is exclusively for heterosexuals according to the Commonwealth Marriage Act.
After that the differences become more nuanced.
According to the bill a Queensland civil union will not be recognised in many countries, while an Australian marriage is recognised in almost every country in the world.
To enter a civil union at least one person must live in Queensland. This means interstate or international couples are not allowed to enter civil unions in the state.
A person who is already married or in a civil union is not allowed to enter a civil union but someone in a civil union is allowed to be married.
A civil union will automatically be terminated if one of the people dies or marries.
One or both members can also apply for a District Court order to terminate the civil union. They must prove they have lived separately and apart for a period of 12 months and the partnership has broken down.
The first Queensland civil union to break down will be the test case for how assets and property are split when a couple breaks up.
Family lawyer Madeline O'Connor said that civil partners will be in virtually the same position as couples who marry if their partnership breaks down.
"It has been talked about, it's been big news among the lawyers," said Ms O'Connor.
The division of property and assets comes under the Commonwealth Family Law Act which has not been changed to make provision for civil unions.
“There are no specific provisions as to what happens with assets when a civil partnership breaks down," said Ms O'Connor.
“It’s likely that they will be dealt with under the existing de facto provisions. However, the new laws will enable civil partners to avoid some of the extra hurdles a person in a de facto relationship has to satisfy before they can go to court.
“For example, a civil partner can seek property orders if the relationship has lasted less than 2 years and the parties don’t have any children, making their position more similar to a married couple.”
The legal position of a couple in a de facto relationship hasn’t been changed by the new laws, she said.
Factors a court looks at to prove a de facto relationship include the length of time a couple has been together, whether the relationship is public, if the couple have joint finances and assets, if they have children and if they have sex.
The court also looks at whether the relationship has been registered, meaning that it’s possible to be in both a civil partnership and a de facto relationship.
1 comment so far
Civil union = same-sex couples are still prevented from adopting in Queensland, even though they are permitted to be foster parents and access altruistic surrogacy and even though same-sex adoption is permitted in New South Wales, ACT and Western Australia.
Civil union = limited societal understanding and respect.
Civil union = bizarre "civil union" proposals aka "would you do me the honour of entering into a civil partnership legally recognised only in Queensland with me" just doesn't have the same ring to it as "will you marry me".
Civil union = second class, but still better than nothing.
Read more: http://www.brisbanetimes.com.au/ ... .html#ixzz1mmQDh4hz作者: xblues 时间: 19-2-2012 09:59
提示: 作者被禁止或删除, 无法发言标题: 区别主要在于 Civil Union 属于地方性概念，没有全球通用性
Civil Union 的双方作为一个家庭没有共同领养权
Civil Union 作为一个新生事物，相关法律还不完善
Civil Union 在优先级上低于婚姻作者: xblues 时间: 19-2-2012 10:00
提示: 作者被禁止或删除, 无法发言标题: 回复 #2 xblues 的帖子 如果同性爱和异性爱是一样的，为什么同性不可以结婚呢？
既然同志是二等公民，应该降低税率水平，少纳税。让可以享受婚姻的异性恋纳全税！
如果同性爱和异性爱是一样的，为什么同性不可以结婚呢？