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F2.15 Minimum requirements for the recognition of partnerships (29/11/2010)
Partnerships will only be recognised for the purposes of these instructions if:
- the couple are both aged 18 years or older at the time that the application for a residence class visa was lodged; or
- (if one or both of the parties to the partnership are aged 16 years or older but are less than 18 years of age at the time their application for a residence class visa is lodged), they have the support of the parent(s) or guardian(s) of that (those) party(ies); and
- the couple have met prior to the date the application under these instructions is made; and
- the couple are not close relatives.
Note: For the purposes of these instructions relationships between close relatives are considered to be:
i. relationships specified as "forbidden marriages" under Schedule 2 of the Marriage Act 1955 set out below and
ii. relationships specified as "prohibited degrees of civil union" under Schedule 2 of the Civil Union Act 2004 as set out below; and
iii de facto relationships equivalent to the provisions under Schedule 2 of the Marriage Act 1955 and under Schedule 2 of the Civil Union Act 2004 as set out below
Forbidden Marriages - Schedule 2 of the Marriage Act 1955
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A man may not marry his:
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A woman may not marry her:
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Grandmother
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Sister
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Grandfather
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Brother
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Grandfather's wife
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Son's daughter
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Grandmother's husband
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Son's son
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Wife's grandmother
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Daughter's daughter
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Husband's grandfather
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Daughter's son
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Father's sister
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Son's son's wife
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Father's brother
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Son's daughter's husband
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Mother's sister
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Daughter's son's wife
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Mother's brother
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Daughter's daughter's husband
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Mother
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Wife's son's daughter
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Father
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Husband's son's son
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Stepmother
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Wife's daughter's daughter
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Stepfather
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Husband's daughter's son
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Wife's mother
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Brother's daughter
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Husband's father
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Brother's son
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Daughter
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Sister's daughter
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Son
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Sister's son
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Wife's daughter
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Husband's son
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Son's wife
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Daughter's husband
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Note:
~ This applies to any relationship whether the relationship is by the whole blood or by the half blood.
~ Unless the context otherwise requires, the term 'wife' means a former wife, whether she is alive or deceased, and whether her marriage was terminated by death or divorce or otherwise; and the term 'husband' has a corresponding meaning.
Prohibited Degrees of Civil Union - Schedule 2 of the Civil Union Act 2004
- Person A and person B are within the prohibited degrees of civil union if person A is person B's
- Grandparent
- Parent
- Child
- Grandchild
- Sibling
- Parent's sibling
- Sibling's child
- Grandparent's spouse or civil union partner
- Parent's spouse or civil union partner
- Spouse's or civil union partner's parent
- Spouse's or civil union partner's grandparent
- Spouse's or civil union partner's child
- Child's spouse or civil union partner
- Grandchild's spouse or civil union partner
- Spouse's or civil union partner's grandchild
- The prohibited degrees of civil union apply whether the relationships described are by the whole blood or by the half blood.
Effective 29/11/2010
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