Same sex Relationships
We can advise you on your legal rights as a same sex couple, and any issues arising from the breakdown of your same sex relationship.
The Family Law Act makes no distinction in relation to the respective genders of the two parties in a de facto relationship. When a same-sex relationship ends, there may be a dispute about appropriate property settlement or the financial maintenance of one party by another. There may also be parenting arrangements which need resolution, or which would benefit from being formalised as consent orders or pursuant to court orders.
The court will apply the same parenting principles as it does for children with parents of different genders, including regarding where the children live and how they spend time with each party, child support, adoption, or any other children’s matters that may be relevant to your relationship.
Stacks Law Firm can advise you on your rights as a same sex couple, including distribution of property, maintenance and matters concerning children in the event that your relationship breaks down. We will look at the details of your particular situation and help you reach an agreement with your former partner that offers you the best long-term outcome. In all matters we will try to facilitate agreement between both parties in order to avoid the need for a court hearing.
Commonly asked questions about same sex marriages:
How is my same sex relationship defined in the eyes of the law?
If you and your partner live together as a couple on a domestic basis but are not legally married or related by family, then you are in a de facto relationship, irrespective of the gender of either party.
What specific factors will the courts consider when determining whether my same-sex relationship is a "de facto" relationship?
The duration of the relationship
The living arrangements
The existence of an exclusive relationship
The level of financial dependence or interdependence between the two parties
The ownership, use and acquisition of property
The degree of mutual commitment to a shared life
Whether the relationship is registered in a state or territory
The care and support of any children of the relationship
The public aspects and reputation of the relationship
What is the time limit for applying for a property settlement or maintenance order?
The time limit for a person in a de facto relationship to apply to the court for a property settlement or maintenance order, is two years from the date of separation.
What does my relationship need a definition?
The Family Law Act and the Succession Act recognise certain relationships in the application of the law. The nature of your relationship will affect your legal rights should the relationship end or one member of the relationship pass away.