4 Overview of civil union

(1)

Two people, whether they are of different or the same sex, may enter into a civil union under this Act if—

(a)

they are both aged 16 or over (but people aged 16 or 17 must obtain consent—see section 19):

(b)

they are not within the prohibited degrees of civil union as set out in Schedule 2 (but in some cases a court may dispense with this prohibition—see section 10):

(c)

they are not currently married or in a civil union with someone else (but married couples may enter into a civil union with each other—see section 18).

(2)

A civil union may be solemnised by a Registrar or, if a Registrar has issued a licence, by a civil union celebrant or an exempt body.

(3)

After a civil union is solemnised, it is registered as a civil union under Part 7A of the Births, Deaths, Marriages, and Relationships Registration Act 1995.

(4)

The dissolution of a civil union is governed by the Family Proceedings Act 1980.

(5)

This section is by way of explanation only. If a provision of this or any other Act is inconsistent with this section, the other provision prevails.

Section 4(3): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).