How Do I Cancel a Registered Relationship?

How is a registered relationship revoked?

A registered relationship is revoked by lodging an application for revocation with the registry that registered it, such as the NSW Registry of Births, Deaths and Marriages, Births, Deaths and Marriages Victoria, or the registry in Queensland, South Australia, Tasmania or the ACT. Each register sets its own form, fee and process, and some apply a waiting period before the revocation takes effect. Couples should check the current requirements with the relevant registry before applying.

Can one partner cancel the registration alone?

One partner can generally apply to revoke a registered relationship alone, without the other partner's agreement, although the registry may require that the other partner is notified. This matters where the relationship has ended badly or where one partner cannot be contacted. Registration generally ends automatically if either partner later marries or dies, so a separate revocation is not always needed.

Does cancelling the registration affect a partner visa?

Cancelling the registration affects a partner visa because it is evidence that the relationship has ended, and the partner visa depends on a genuine and continuing relationship. The revocation does not by itself cancel or refuse a visa, but the Department will assess the application on the basis that the relationship is over unless an exception applies. Our article on partner visa relationship breakdown explains what happens to each stage of the visa.

Do we have to tell Home Affairs when the relationship ends?

A partner visa applicant must tell the Department of Home Affairs when the relationship ends, because section 104 of the Migration Act requires applicants to notify relevant changes in circumstances. This is usually done with Form 1022. The registry does not pass this information on. The sponsor may also withdraw the sponsorship. Our guides to Form 1022 change of circumstances and partner visa change of circumstances explain how and when to notify.

Can the partner visa continue after the relationship ends?

A partner visa can continue after the relationship ends only in limited situations, including where family violence was committed by the sponsor, where the sponsor has died, or where there is a child of the relationship and the regulations about custody or contact are met. These exceptions are strict and need careful evidence. Our page on family violence partner visa matters and our article on the Subclass 820 relationship breakdown explain the options.

Should I get advice before revoking a registered relationship?

Advice before revoking a registered relationship is important where either partner holds or has applied for a partner visa, because the timing and wording of the revocation and the notice to the Department can affect the visa holder's options. A rushed notice can remove a pathway that would otherwise have been available, particularly where family violence is involved.

How does My Migration Lawyers help when a registered relationship ends?

My Migration Lawyers helps when a registered relationship ends by advising both on the immigration effect of the revocation and on what must be told to the Department, and when. For a visa applicant, the firm assesses whether an exception such as family violence may apply and prepares the evidence for it. For a sponsor, the firm explains the sponsorship withdrawal and its consequences. People in this position can speak with our partner visa lawyers in confidence.