Same Sex Marriage Lawyers

In Australia, same sex couples have the same rights and entitlements as heterosexual de facto and married couples. This includes making an application for property settlement, parenting arrangements and immigrating to Australia.

If you’re experiencing a marriage or de facto relationship breakdown or have questions about your rights, please speak to a same sex marriage lawyer at Owen Hodge.

Same sex relationship rights in NSW

All marriages and/or de facto same sex relationships have the same rights as non-same sex married couples. Hence, the Family Law Act of 1975 will govern all of the issues in same sex divorce in the same manner as it does for heterosexual couples.

Are same sex couples recognised as de facto in Australia?

Yes, same sex couples are recognised under the Family Law Act per the same factors as any other couple. A de facto couple exists if the relationship has been permanent for at least two full years and the couple had the intention of remaining together indefinitely. Other factors are also considered, which can include:

• Sharing a residence
• Holding joint banking and financial accounts
• If there is a child of the relationship

If you have any questions about de facto relationships, please get in touch with Owen Hodge’s same sex family lawyers for more information.

Same sex marriages

The change in the law which brought same sex de facto relationships within the bounds of the Family Law Act of 1975 occurred in 2009. Ever since this inclusion, same sex couples have had the same rights and privileges as heterosexual couples.

Then, as of December 9, 2017, same sex marriages became legal in Australia. Again, entitling same sex married couples to the same rights and privileges as all married persons.

Same sex divorces & de facto separations

As with any break up of a family, the angst and grief of the dissolution of a same sex marriage or de facto relationship is no less difficult or painful. Therefore, it is equally important that these families seek the legal advice of a lawyer experienced in these matters.

Here at Owen Hodge, we have a team of dedicated same sex divorce lawyers who are trained in both the legal needs of same sex families as well as the emotional challenges they face.

How is property settlement determined?

When same sex couples are divorcing, property settlement is determined no different to a heterosexual couple. This means a property settlement will take into consideration a number of factors, including:

• Contributions to the marriage by each party
• The income of earning, or potential earning, capacity of both parties
• The needs of the children and the future needs of all persons involved.

Learn more: 

• Spousal maintenance
• Property settlement
• De facto property settlement
• Dividing assets in divorce

How are parenting arrangements determined?

When same sex couples are divorcing, there is often a need to address parenting issues. These issues are addressed in the same manner as for a heterosexual couple.

First and foremost, it is always best if the parting spouses can work out a child care plan on their own. This allows for the parents to have the final say in how they will continue to share their parenting duties.

But, if this is not possible, the court will look first to the best interest of the child. All areas of care will be reviewed including protecting the children’s relationships with both parents—equally.

Learn more:

• Child custody
• Child support
• Grandparents rights

Same sex immigration

Same sex couples can immigrate to Australia. One way in which this can happen is if your partner is Australian. Under these circumstances, you can apply for a same sex partnership visa. As for any other partner visa, the couple must show that the relationship is of a serious nature and that they mean it to continue in a genuine and committed fashion.

Talk to a same sex marriage lawyer

Whether you’re experiencing a de facto relationship breakdown or marriage separation, you can turn to Owen Hodge’s same sex lawyers for legal advice. Our family lawyers are experienced in all areas of same sex family law, and will help you navigate the process with compassion and understanding.

Schedule an initial consultation on 1800 770 780 with one of our same sex lawyers today.

Related blog posts:

• Recognising Children of Same-Sex Couples
• De Facto VS Marriage: What’s the Difference for Same-Sex Couples?