The Family Law Act 1975 guarantees that all couples, regardless of their sexual orientation, are treated equally under the law. If you are in a same-sex de facto relationship, you have the same rights and responsibilities as heterosexual couples. We are here to provide you with the information and support you need to navigate any legal issues that may arise.
If you are considered to be in a same sex de-facto relationship you have responsibilities and rights that are similar to those of a married couple.
Considerations in deciding if a same sex de-facto relationship exists:
Of particular importance is that you have similar rights and responsibilities during the following events:
The following may apply to you:
The Family Law Act 1975 sets out the principles for determining financial disputes after the breakdown of a de-facto relationship.
These principles involve:
Similarly to property settlements of married couples, a de-facto relationship property settlement will be based on individual circumstances of the relationship.
There is a time limit of 2 years to make a property application after the breakdown of a relationship.
Section 72 of the Family Law Act 1975 provides for maintenance for married and de-facto relationships. Spousal maintenance is only appropriate when one party is unable to work due to lost earning capacity, or when a party is unable to work because they are the primary carer of a child.
Generally, there are three considerations:
The maintenance can be specific to a certain time period and can be varied by the court if circumstances change.
The Family Law Act 1975 provides for arrangements of children in a de facto relationship upon separation—the Family Court and the Federal Circuit Court deal with these matters.
Suppose an agreement regarding the children’s care cannot be reached. In that case, the parties must, as in the case of married couples, participate in family dispute resolution before initiating an application with the court. There is an exception in circumstances of family violence or very urgent applications.
Understanding your rights in an Australian same-sex de facto relationship? Foye Legal offers expert advice on property, parenting, and more across the Illawarra, South Coast, and Sydney. Get clear guidance – contact us today.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
In Australia, a same-sex de facto relationship generally exists when two people of the same sex live together on a genuine domestic basis, similar to a married couple. Factors considered include the duration of the relationship, shared residence, financial interdependence, social recognition, and commitment.
In Australia, same-sex de facto couples generally have similar rights and responsibilities to heterosexual de facto couples in areas like property settlement, financial support (maintenance), and inheritance upon separation or death. These rights are often recognised under state and federal laws
Property division for separating same-sex de facto couples in Australia is typically determined using the same principles as for heterosexual de facto couples. The Family Court (or relevant state court) considers contributions (financial and non-financial), future needs, and other relevant factors to achieve a just and equitable outcome.
While registration is not mandatory for legal recognition of a same-sex de facto relationship in Australia, registering your relationship in some states and territories can provide easier proof of its existence and may offer certain benefits or streamline legal processes in the future.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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