Same Sex Lawyers
If you are separating or have separated from your same sex marriage or de facto partner and need the services of a family lawyer, then contact Rowan Skinner and Associates Lawyers for a no obligation discussion about your situation.
A same sex marriage divorce or property settlement works the same way as a heterosexual marriage.
Since the legislation was passed that legalised same sex marriage in 2017, many gay, lesbian and other LGBTQI+ couples have finally been able to marry.
How does a same sex divorce or property settlement work?
The Family Law Act deals with same sex de facto and married couples the same way it applies to property settlements and parenting in heterosexual relationships.
For de facto relationships, a person wishing to make an application to the Family Court or the Federal Circuit Court seeking divorce and Property Orders must have been in the relationship with their partner for a minimum of two years. The exemption to this rule is if there is a child of the relationship or significant financial contributions have been made.
The procedures and costs of a same sex divorce and property settlement are the same.
Same Sex Divorce and Children
When it comes to custody of children and matters such as shared care arrangements, the same problems that apply to heterosexual relationships, apply as to same sex relationships. Issues with biological parentage, and the rights of sperm donors can complicate matters.
The Court will apply the Family Law Act to establish the best interests of the child.
We can assist you with parenting plans, parenting orders, child support or even sperm donor agreements.
Same Sex Prenuptial Agreements
Before, during or after a marriage or de facto relationship, we can prepare documents such as a same sex prenuptial agreement or binding financial agreement. This can help bring clarity to the start of a relationship and protect assets that may have to be divided in the event of a separation or marriage breakdown.
Lesbian and Gay Family Lawyers in Clifton Hill
If you are separating from your partner and either involved in or initiating divorce or property settlement discussions, then contact our same sex family lawyers in Melbourne for a no obligation discussion about your circumstances.
We act for all members of any community in Kew, Northcote, Fitzroy, Carlton, Abbotsford, South Melbourne, Prahran, South Yarra, St Kilda, Footscray, Moonee Ponds and of course Clifton Hill and Melbourne’s CBD and any other Melbourne community.