If you are ending a same sex marriage or de facto relationship and need the services of a family lawyer, then contact Rowan Skinner and Associates Lawyers for the right advice and representation.
A same sex marriage divorce works the same way as a heterosexual marriage.
Since the legislation of same sex marriage in 2017, many gay and lesbian couple have finally been able to marry. The existence of their de facto relationships has also been recognised. This means the ending of these relationships are now bound by the rules and regulations of the Family Law Act.
How does a same sex divorce work?
As mentioned above the law deals with same sex de facto and married couple the same way as it applies to heterosexual relationships. This is true for divorce proceedings and the division of property in the relationship.
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 or children on the relationship. If this is the case, then the Application can be made seeking Property Orders before the usual two year minimum.
The procedures and costs of a same sex divorce similarly remain the same.
Same Sex Divorce and Children
When it comes to custody of children and matters such as shared care arrangements, it can be a little more complicated in a same sex marriage than in heterosexual relationships. This is because there can be issues with biological parentage, rights of sperm donors to consider, and other factors.
The Court will apply the laws as per usual to establish the best interests of the child.
Same Sex Prenuptial Agreements
Before a marriage, we can help 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 shared 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 proceedings, then contact our same sex family lawyers in Melbourne for advice. We can help protect your best interests and have the experience required to ensure you get the outcome you deserve.
What our clients are saying
I regularly refer my clients to Rowan Skinner and Asc when they need representation. My clients have consistently had excellent advice and successful outcomes through Rowan’s representation at Court and when negotiating settlements. These proven results in combination with Rowan’s personal ability to engage with a diverse range of people, ensures that I will continue to refer my clients for assistance with legal matters.
Rowan represented me in the Magistrates Court and the County Court in relation to very serious charges. Rowan was thorough, professional and diligent in his preparation and responded appropriately to my needs. I was acquitted of all charges.
I run a commercial law practice and frequently refer clients to Rowan for assistance and advice with family law. Rowan is a family law specialist: this means he is independently verified as having required skills and clients can have confidence in his ability and ethical standards.
I have a Mortgage Broking business with a large number of clients who having varying needs. I have referred many clients who want an excellent Family Law Specialist to look after them during what are difficult times. I have even referred family members to Rowan as I know he will look after them compassionately and professionally. I have no hesitation in recommending him and his services.