Family Law  -Same Sex Relationships

Same Sex Relationships and Marriage

The updated Marriage Act 1961 now allows marriage equality. The definition of marriage according to this act is, ‘the union of 2 people to the exclusion of all others, voluntarily entered into for life’. Before the amendment to this act, this definition pertained to only the marriage of men and women. However, the other rules of getting married in Australia remain the same.

At our family law firm, we have dealt with a large number of same sex relationships for both gays and lesbians. We maintain an up-to-date legislative knowledge of the same sex relationships and marriage laws that applies to transgender, lesbian, gay, intersex, and bisexual individuals.

The law now provides similar financial rights and resolutions to same sex couples as married couples. Furthermore, the disputes of same sex couples are dealt with either by Federal Circuit Court or the Family Court.

Property Settlements

The Family Law Act 1975 details how the property division shall occur and how different financial aspects shall be dealt with between same sex couples or relationships. If the same sex couples are married or in a de facto relationship, they can access the Family court or Federal Circuit Court of Australia for their financial or property matters or disputes. The court considers a number of factors to determine your de factor or same sex relationships, including genuinely living together at a shared residence in domestic settings, sexual relationships existence, joint finances and others. If you are in a de facto or same sex relationship, you should submit the application for property division within 2 years following separation.

Parenting Arrangements

In Australia, same sex parenting has become legal according to law for both lesbians and gays. There are several ways in which same sex couples can become parents. The most common of these are surrogacy or adoption. The laws pertaining to surrogacy and adoption are complex in Australia, so our legal advice can help you to understand the applicable laws and legalities involved in the process before proceeding.

Financial Agreements

Financial agreements are applicable to de facto/ same sex and married couples. However, strict rules govern the binding that you need to follow. Our highly-qualified and experienced lawyers can help you navigate and understand the financial agreement laws between de facto or same sex couples. We can help you make settlements regarding the division of assets in the event your relationship or marriage breaks down and submit an application for the court order.


If separation occurs between the same sex couple or de facto relationship, the Family Act Law 1975 deals with their matters of maintenance. It gives same sex or de facto couples the same rights as married opposite-sex couples. If any party following separation is not able to support themselves adequately, they are eligible to submit a maintenance application to the court.

Domestic Abuse

Domestic abuse is a common issue not only in opposite-sex relationships but also in same sex or de facto relationships. If you are a victim of domestic violence or unfairly accused of violence in the same sex relationship, we can help you file your application to the court or defend you to protect your rights.

Call us now to schedule your consultation for a free consultation regarding same sex laws!

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Same Sex Relationships Lawyer (Gold Coast, Brisbane, Tweed Heads, Lismore): 07 5661 3000

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