Same-Sex Family Lawyers

As with heterosexual relationships – or any type of relationship, getting clear legal advice will help you to finalise your family law matter while protecting your and your children’s best interests. Same-sex parenting and child support issues can also be a little more tricky to deal with in Australia, and a family lawyer who understands the challenges in these areas can guide you through the process, ensuring the best outcome possible for you.

If there is any dispute over these issues, it’s always best to seek the advice of a specialist LGBTIQA+ lawyer you can trust right away. Testart’s legal experts can help ensure you:

• Understand the legal process.
• Know all your options and are able to make informed decisions.
• Give yourself the best possible chance to resolve issues out of court.
• Understand what you’re entitled to.
• Ensure whatever happens is in the best interests of your children.
• Give yourself the best chance to achieve the result that you want.

Most importantly, you’ll have peace of mind, knowing you have a compassionate legal expert to call on for guidance every step of the way.

In Australia, the Family Law Act 1975 – Sect 4AA – De facto relationships defines that “a de facto relationship can exist between 2 persons of different sexes and between 2 persons of the same sex“. This means that same-sex divorce and separation are quite similar to that of anyone who is ending a marriage or de facto relationship.

Being married is a legal status – regardless of your gender, identity or the nature of a sexual relationship. Getting a divorce is the only way to change your legal status after a marriage.

Being in a same-sex de facto relationship may present issues with co-parenting if both parents are not on the birth certificate or legal guardians or adopted parents. Our team can assist with resolving these matters, ensuring that children of same-sex relationships are able to spend time with both of their parents.

• The first is the actual separation itself, and then a divorce if you are married.
• The second is working out parenting matters if there are children from your relationship with your former partner. This area can present more challenges for same-sex and LGBTIQA+ couples due to issues related to parentage. Our team is very experienced with efficiently resolving these matters to ensure best interests agreements for children involved, with both parents. Factors like family violence or legal issues arising between a biological and non-biological parent can further complicate parenting matters, which is why it’s helpful to seek legal advice as early as possible from experienced and compassionate same-sex lawyers.
• The third area to legally finalise a divorce or separation is property settlement, which involves dividing any shared assets from the relationship. This looks different for everyone and can be very straightforward and addressed quite easily in matters where both parties can agree on how to move forward. However, if parties cannot agree, or there are disputes or complex financial structures, it can be more challenging.

Some people finalise all of these steps at the same time; others will finalise property and then get a divorce, maybe even years after separation. Talk to our family lawyers to work out what path of action will best suit your personal situation.

For same-sex couples who divorce or separate in Australia, parenting matters and birth certificates can present complex legal challenges, including:

1. Parentage Recognition: Only one parent may be listed on the birth certificate, which can complicate custody and parenting matters. In some cases, the non-biological parent may face difficulty establishing legal parental rights.
2. Parental Rights: Legal recognition of both parents, especially if the child was conceived via artificial insemination, might require court intervention to ensure both parties are listed as legal parents, regardless of biological connection.
3. State and Territory Differences: Laws surrounding the recognition of same-sex parents on birth certificates and parenting orders may vary across Australian states, making the process more complicated depending on where the child was born.
4. Court Orders: In the event of a dispute, same-sex couples may need to seek parenting orders from family courts to ensure equal rights to custody, visitation, and decision-making for their child.
5. Access to Parental Leave and Benefits: Only the legal parent listed on the birth certificate may be entitled to certain parental rights, such as leave or government support, potentially limiting the non-biological parent’s access.

Experienced family lawyers can help same-sex couples navigate these complexities and work to ensure both parents’ rights are recognised and upheld.

On December 9 2017, the Marriage Act 1961 was updated, and the right to marry was no longer determined by sex. Since then, same-sex marriages have rightfully been treated the same as heterosexual ones under Australian law.

Divorce also functions much the same for same-sex couples. To be eligible for divorce, you, your ex-partner and your marriage will need to meet certain criteria:

• Be legally married.
• Have been separated for at least 12 months.
• There is no reasonable hope of you reconciling.

If you have been married for less than two years, you may need to get counselling before a divorce is granted. Once you’re sure you’re eligible for divorce, the next step is to start the process.

One of the most common challenges for same-sex parents after divorce is legal parentage. After all, in most same-sex marriages, only one person can be the biological parent to the child.

If that’s the case and you are not recognised as a legal parent, we can help you apply for a parenting order through the Family Court and ensure you retain your rights to care for your children.

In Victoria, non-biological parents in same-sex relationships, whether in a gay male, lesbian, or other LGBTIQA+ relationship, can seek parenting orders under the Federal Circuit Court for child custody. If the relationship is deemed to be a de facto relationship or a genuine domestic basis, the non-biological parent may be considered a legal parent. Parenting plans or consent orders may be created.

Divorce is difficult regardless of your sexuality or gender. That’s why we aim to make the process easier and help you shoulder some of the burden by providing empathetic, human support and ongoing legal advice.

We’ll make sure you know exactly where you stand and guide you through the entire process to reduce uncertainty during a difficult time. Our experienced team will also focus on achieving an amicable resolution to save you the cost, stress and time involved in attending court. In the rare event that this isn’t possible, we’ll make sure you’re fully prepared to attend court with everything you need to achieve a result.

Testart Family Lawyers will provide valuable legal advice around the complex issue of legal parentage during same sex divorce, however your child was conceived. Our experienced team will also advise on matters of property settlement to ensure that you receive what you’re entitled to under the law. Ultimately, we’ll give you the best possible chance to achieve an outcome that’s in your best interest and the interests of your family.

Same-sex married couples have the same rights under the law as heterosexual couples and can face similar challenges during a divorce. Testart Family Lawyers provide expert advice to help all LGBTIQA+ couples move on and resolve their disputes.

Our diverse team of lawyers have years of experience helping same-sex couples and has extensive experience resolving issues of legal parentage that sometimes occur during same-sex divorce. Our process is designed to reduce stress and cost so that you can focus on taking care of yourself:

• Our first meeting is completely free, with no obligations. We’ll get to know you, understand the circumstances of your divorce and what you’d like to achieve.
• Next, we present a statement of your legal position so you know exactly where you stand. We’ll suggest the best course of action to resolve your disputes.
• If you decide to engage our legal services, we’ll advocate on your behalf and provide honest, expert legal advice.

From the first meeting to resolution of your issue, we’ll take care of you.

Yes, gay male couples, lesbian couples, trans, bi and all LGBTIQA+ individuals are entitled to the same domestic and family violence protections as heterosexual couples in Victoria. They can apply for intervention orders if experiencing violence or abuse, with the court determining the relevant issues based on the case, ensuring equal treatment.

Same-sex couples, whether gay male, lesbian, or anyone from an LGBTIQA+ relationship can create a binding financial agreement (BFA) or prenuptial agreement to outline asset division in case of separation or divorce. This agreement must be in writing, signed, and legally advised to ensure it’s legally binding and valid under Australian law.

In parenting disputes, gay male couples, lesbian couples, and other families face similar considerations as heterosexual couples. However, donor agreements and the role of non-biological parents may introduce relevant issues. Child support agency involvement may also differ if a sperm donor is involved, as they may not have child custody rights or obligations.

In same-sex relationships, whether gay male, lesbian, or other LGBTIQA+ relationships, a sperm donor agreement can clarify parental rights. If the donor is not considered a legal parent, they may not have child custody rights. Court proceedings will determine the roles of each party in the child’s life, ensuring the de facto relationship or family relationship is considered in custody decisions.