2.2.5.14 Overseas Same-Sex Marriage

Summary

Overseas same-sex marriages are not recognised as legal marriages in Australia.

For social security purposes overseas same sex marriage documentation is viewed as a strong indicator that the people listed on the documentation are living in a member of a couple relationship.

Definition: member of a couple

A person is a member of a couple under the SSAct if they are living with another person as their partner, where both people are over the age of consent (applicable to the relevant state or territory), are living together on a permanent or indefinite basis, are not in a prohibited relationship (subsections 4(12) and 4(13)), and are either:

• legally married (overseas marriages may be recognised as a same-sex de facto relationship), or
• in a registered relationship (whether of the same sex or a different sex) (2.2.5.13), or
• in a de facto relationship (whether of the same sex or a different sex) (2.2.5.10).

Act reference: SSAct section 4(2) Member of a couple-general, section 4(3) Member of a couple-criteria for forming opinion about relationship, section 4(3A) The Secretary must not form the opinion…, section 4(12) and section 4(13) Prohibited relationship

Policy reference: SS Guide 2.2.5.10 Determining a De Facto Relationship

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Last reviewed: 1 July 2009