Family law proceedings often come with financial and emotional burdens for the parties involved. A significant aspect of these cases is determining who bears the…
In the past, a same-sex couple’s relationship was not recognised in the eyes of Australian Family Law.
They have traditionally faced discrimination in this regard which significantly affected their financial and parental rights, and the ability to enforce those rights at law.
These views are now changing and although same-sex marriage is not yet recognised, changes to the commonwealth and states laws now give couples the same rights as married and defacto couples.
In fact, the Family Law Act treats same-sex couples exactly the same as de facto couples. So same-sex couple’s relationships are now viewed as normal every day de facto relationships, as they should be.
Now, in the event that you separate from your same-sex partner, you may be entitled to a share of your former partner’s property, superannuation or to ask the court for child support.
You can also seek the same responsibility as a parent should you have used surrogacy methods or adoption to have children.
You can also obtain an order against domestic violence if you need one. Domestic Violence is high on the Queensland State Government’s hit list at the current time. People who have experienced Domestic Violence of any kind in a same-sex relationship are protected like all other domestic relationships.
At James Noble Law, our team is experienced in advising and assisting clients with the particular challenges that same-sex couples face.
We can advise you on all your legal rights, entitlements and responsibilities regarding same-sex relationships. Discretion is one of our cornerstone principles at James Noble Law so whether you become a client or not make an appointment to receive a free, no obligation 20-minute legal consultation to put you on the right track with your relationships issue, no matter what they might be.
Whether you’ve recently entered into a same-sex relationship, or have just split up from an existing relationship, James Noble Law has the expertise and tact to help you.
If you would like to read the relevant sections of the legislation in regard to Divorce Property Settlement please go to the Family Law Act 1975.
Please reference Sections 90R & 90 S.
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