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.
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.
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:
Here’s what our clients are saying
My divorce has gone through without a hitch. Thank you for all your help and advice through this process.
Helpful and Supportive
During my divorce proceedings I was in a position I had never experienced previously and was not sure what direction to take.
Kristy Lee advised me in a way that was easy to understand but also firm & direct which to my surprise led to a favorable outcome and put an end to any future hardship I could have gone through.
I won my case at the Guardianship Tribunal
“I won my case at the Guardianship Tribunal yesterday.. After discussions with my mother, we agreed that it would be in my aunt’s best interest to have the Public Guardian take over as I just cannot manage her doctor’s appointments, support care arrangements, dental, optical appointments etc from so far away… I did however retain my Enduring Power of Attorney position, and it was upgraded to being my aunt’s Private Manager…
Many thanks to Christine Vrahas, Alice Holman, and James Kelly for all the time and support that was given leading up to the settlement of my Aunts estate.
Thank you Owen Hodge Lawyers Hurstville
I would like to send a big thank you to the team at Owen Hodge Lawyer Hurstville for their collective effort to resolve my late Wife’s estate dispute and all before Christmas.
Thank you, Kristy-Lee
I was always informed and reassured that the outcome of my case would be best for myself but most importantly moving forward with my children and my life.
Kristy-Lee has extensive experience and knowledge in regards to family law and her beautiful nature and considerate approach is what I will be forever thankful for.
Thank you Kristy-Lee Burns
I would highly recommend Kristy-Lee to my family and friends for family law matters that they have……
Thank you for making a difficult time easier for us
On behalf of the family I would like to thank you for the professionalism that you have shown in your handling of our mother’s estate. We appreciate it very much. It was a hard and sad time, but your kindness made it so much easier for us.
Thank you Family Law Team
Thank you for your time, effort and honesty in assisting me with my case this year.
Thank Debbie and James
Just a quick note to thank Debbie and James for the great work you did for Dad in the sale of his Greglea unit. You made the sale for me very easy to deal with and I appreciate the effort you put into it.