Family LawFamily Law For Same Sex Couples- Know How It Applies And The Rights

August 4, 2020

In 2017 Australia finally amended its legislation to allow same sex couples to enter into Marriage. With this change same sex couples now find the legal circumstances of their relationships have evolved. So then how has the law as it applies to same sex relationships changed, and what are your rights now?

Marriage and Divorce

If you get married now, your rights are the same as non-same sex couples. This means that under the Family Law Act, you can now get divorced. It is important to remember when filing for divorce that you must;

  • Have been validly married in Australia;
  • Have been separated for 12 months and one day; and
  • If you have been married for less than two years. You need a Counselling certificate confirming you attended counselling wand that you attempted reconciliation.

Property Settlement

If you get married and have separated, under the Family Law Act you have an automatic entitlement to bring forward a claim for a property settlement. The success of your claim is dependent on a number of issues and the circumstance, including but not limited too;

  • How long was the relationship/marriage?
  • What did you bring into the relationship?
  • What did you earn during the relationship?
  • What non-financial contributions did you bring to the relationship?

This means for married same sex couples, you no longer need to prove your relationship before applying for orders.

Obtaining Parenting Orders

Non-biological parents can be accepted as a legal parent, in particular in circumstances of adoption or IVF. What this can mean is that both biological and non-biological parents are able to make a claim for parenting orders under the Family Law Act.

When applying for Parenting orders, the court takes wide approach to who can apply for orders, including parents, grandparents and people who have a genuine concern with the care, welfare and/or development of the child.

Domestic violence

The protections for married couples suffering from Domestic Violence in Queensland are the same as de facto couples or civil partnerships. It is however somewhat simplified because it is simpler to demonstrate that you are in a married relationship then it is to show you are in a de facto relationship. Always remember if you are in dangerous situation that you can contact the police for assistance.

What can A.L.F Lawyers do for you?

Despite any changes to the law, every person matter is unique. The team at A.L.F Lawyers are happy to help you understand your rights, and help you ensure that those rights are protected.

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