When relationships break down, couples in NSW who have registered their relationship face unique legal considerations beyond those of married couples or ordinary de facto partners. While most people are familiar with the standard process of revoking a registered relationship through Service NSW, fewer understand when a court can declare such a relationship completely void—as if it never legally existed at all.

Understanding the Difference: Revocation vs. Void Declaration

Before diving into the legal framework, it’s crucial to understand the distinction between revoking and voiding a registered relationship:

• Revocation ends a valid relationship registration from a specific date forward
• Void declaration treats the registration as invalid from inception—legally, it never existed

This distinction can have significant implications for property settlements, financial arrangements, and other legal matters stemming from the relationship.

The Legal Framework: Section 14 of the Relationships Register Act

The power to declare registered relationships void comes from Section 14 of the Relationships Register Act 2010 (NSW), which establishes three specific grounds where a registration is considered void:

1. Prohibited Registration

The registration was prohibited under the Act when it occurred. This typically includes situations where:

• One party was already married
• One party was under 18 years of age
• The relationship involved prohibited degrees of kinship

2. Fraud, Duress, or Other Improper Means

The agreement to register was obtained through illegitimate methods:

• Fraud: Deliberate deception or misrepresentation of material facts
• Duress: Physical or economic coercion, threats, or undue pressure
• Other improper means: Any other illegitimate method of obtaining consent

3. Mental Incapacity

Either party was mentally incapable of understanding the nature and effect of registration at the time it occurred. This could involve:

• Mental illness
• Intellectual disability
• Intoxication or drug impairment
• Age-related cognitive decline

Court Jurisdiction and Process

Section 14(2) grants broad judicial authority, stating that “any court may, of its own motion, make an order declaring the registration of a registered relationship void by operation of this section if a question arises in proceedings as to the registration.”

Any Court can handle these matters, but the most obvious venue is the Federal Circuit and Family Court of Australia (FCFCOA) typically handles these matters and can issue void declarations in two ways:

1. Of its own motion during existing proceedings where the validity of registration becomes relevant
2. On application where parties specifically seek a void declaration

There is no reason why an affected person could not file in their Local State based Court.

Strategic Considerations: When to Pursue (and When Not To)

While the legal framework exists for void declarations, pursuing such relief requires careful strategic consideration. Several factors should influence this decision:

Judicial Resources and Workload

Courts manage heavy caseloads, and seeking a void declaration requires judicial time and resources to make specific findings about fraud, duress, or mental incapacity.

Current Status of the Registration

If a relationship registration has already been revoked through the standard administrative process, the practical significance of a void declaration may be limited. The primary benefit would be the symbolic and legal distinction between ending a valid relationship versus declaring it never existed.

Impact on Related Proceedings

A void declaration can affect the opposing party’s legal position in related family law proceedings. However, if the court already has comprehensive evidence about the relationship circumstances, the practical advantage may be minimal indeed.

Section 4AA (2) of the Family Law Act states:

 (2)  Those circumstances may include any or all of the following:

 (a)  the duration of the relationship;

 (b)  the nature and extent of their common residence;

 (c)  whether a sexual relationship exists;

 (d)  the degree of financial dependence or interdependence, and any arrangements for financial support, between them;

 (e)  the ownership, use and acquisition of their property;

 (f)  the degree of mutual commitment to a shared life;

 (g)  whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship;

 (h)  the care and support of children;

 (i)  the reputation and public aspects of the relationship.

The relevant section for this is s4AA(2)g.

Costs vs. Benefits Analysis

Void applications involve:

• Actual evidence for your basis of making it void.
• Court proceedings
• Greater legal costs compared to administrative revocation
• Always risk of adverse costs orders if unsuccessful in your valiant attempt to make void.

Practical Implications and Professional Recommendations

Based on experience in family law practice, several practical considerations emerge:

When Void Applications Make Sense

• Clear evidence of fraud, duress, or mental incapacity exists
• The distinction between void and revoked status has material consequences for property or financial settlements
• Related proceedings would benefit from the stronger legal position a void declaration provides

When to Avoid Void Applications

• Registration has already been revoked and relevant evidence is before the court
• Limited practical benefit compared to standard revocation
• Potential to unnecessarily complicate any existing proceedings
• Where you lack the specific evidence required to meet the threshold events.

Procedural Requirements

If proceeding with a void application:

1. File appropriate court documents (this may include filing amended applications/ responses in existing proceedings)
2. Gather comprehensive evidence supporting the specific ground claimed
3. A hearing on the merits.

The Evolving Landscape of Registered Relationships

The interplay between state registration laws and federal family law also creates complexity requiring specialized expertise. Registered relationships are recognized as de facto relationships under the Family Law Act 1975, creating potential overlaps in jurisdiction and applicable legal principles.

Conclusion: A Tool for Specific Circumstances

Court declarations to void NSW registered relationships represent a powerful but specialized legal tool. While Section 14 of the Relationships Register Act provides clear grounds and broad judicial authority, the practical reality is that void applications should be reserved for circumstances where genuine legal invalidity can be established and where the distinction provides material benefit.

For most relationship breakdowns, the standard revocation process through Service NSW remains the appropriate and efficient pathway. Be careful of the 90 day cooling off period. However, where fraud, duress, or mental incapacity can be proven, and where the stronger legal position of a void declaration offers genuine advantage, the court system provides an important avenue for justice.