What does ‘eligible claimant’ mean?

Written by Terry Johansson | 11th July 2013

For a person who was living with the deceased, an ‘eligible claimant’ is usually a:

a)      Spouse/civil partner of the deceased;

b)      A former spouse or civil partner of the deceased who has not remarried or entered into a new civil partnership; or

c)       An unmarried partner.

A spouse/civil partner must show that their marriage or civil partnership to the deceased was ongoing at the date of the deceased’s death, and this is usually be done by supplying a certificate of marriage or civil partnership.

An unmarried partner will need to provide documentary evidence and witness statements to demonstrate the existence of their relationship with the deceased, in order to prove that they are eligible.

You should be able to get a preliminary check of your eligibility from a lawyer, over the phone.

Other categories of claimants may be entitled, so if in doubt get specific information on the State you are interested in: click

International Marriages and Relationships

If you were married overseas, in order to be eligible to make a family provision claim, you must establish a valid marriage. Sometimes you may need to provide evidence from an expert in the law of the country of your marriage to prove that your marriage was valid in law.

Where two (2) people of the same sex go through a marriage ceremony overseas in a country which recognises such a marriage, the law will treat that union as a civil partnership.

If the validity of a marriage or civil partnership is challenged, then a declaration will need to be obtained from a court as to the status of the marriage or civil partnership. You will need a family law solicitor to assist you in such a situation. Click here for more information.

If you are in a civil partnership or same-sex marriage from another country, you need to see whether this relationship is recognised in the various Australian  States. Remember, if you fail to qualify for one category, you may still qualify under another category.  So ask a specialist lawyer. Click here for more information.


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