• Parenting Orders – Considerations of the Court

    In child custody matters, when making a parenting order, the main consideration of the court is whether the proposed arrangements are in the best interests of the children. The court presumes that it is in the best interests of the children for parents to have ‘equal shared parental responsibility’, but it...

    Read More

  • Mistakes made in Child Custody Proceedings – Watch Your Behavior

    INTRODUCTION A traditional Chinese curse simply put is “May you live in interesting times” and ‘interesting times’ is the most charitable description of the daily happenings of those parents entering into the affray of child custody proceedings. Seeing our own client’s daily personal battles i...

    Read More

  • Making your AVO work for you

    Most people find their AVOs to be highly effective in preventing violence, intimidation and harassment. You have every reason to be hopeful that the defendant to your AVO will take proper notice of your AVO, and that you will have no further trouble. In the end, however, an AVO is an order of the court not jus...

    Read More

  • Women and Family Law

    This is the tenth edition of Women and Family Law. It states the law as at April 2014 that applies to married and de facto couples (including same sex de facto couples) after relationship breakdown. This booklet provides a starting point for finding out information about the law. It provides some answers to comm...

    Read More

  • Share the Care Parenting Plan – Collaborative Parenting Apart

    Divorce and separation are painful for everyone involved–particularly children. At this challenging time children need support, love and contact with both parents. Some certainty about the future is also very important for everyone. A written parenting plan, worked out between parents, will help clarify th...

    Read More

  • An Invitation to Split!! Binding Financial Agreement / Pre-Nuptial Agreement

    Wallace & Stelzer and Anor [2013] FamCAFC 199 Background to the case `A couple, known by the court as Mr Wallace and Ms Stelzer, met in 1998 at the Sydney club where Ms Stelzer worked soon after Mr Wallace split from his first wife. He was 51 years old, divorced and came into the marriage with an "ove...

    Read More

Contact Us

Suite 309 – 310, Level 3
13A Montgomery Street

Ground Floor
54 Martin Place

Email: solicitors@gmhlegal.com
Phone: (02) 9587 0458
Facsimile: (02) 9587 2936

Same Sex Relationships

Recently changes were made to both State and Federal laws to provide for the Family Court and the Federal Circuit Court to deal with the division of assets between same sex couples.

Same sex relationships are classified as a De Facto relationship. This means they are not legally married or related to each other in any way, but have a relationship similar to that of married couple. De facto relationships and their validity in family law are evaluated based upon the duration of relationship and joint assets, among other things.

In Australia same sex couples enjoy many of the same rights as married couples under the Family Law Act 1975 (Cth).

This means that when a same sex relationship comes to an end, legal action may be initiated for:

  • Parenting orders;
  • Spousal maintenance; and
  • Property division orders.

On a more positive note, if you are gay, lesbian, bisexual or in any other kind of loving relationship and living with your partner in a “genuine domestic relationship”, you are also able to form a Binding Financial Agreement which is the equivalent of a prenuptial agreement.

GMH lawyers are highly experienced in dealing with the particular challenges that same-sex couples face with regard to family law, and legal recognition of their relationships. They will assist people who are experiencing the breakdown of their relationship by providing calm, objective, expert legal advice to resolve the matter quickly and cost effectively.

Call the experienced team at GMH Legal to assist you in your matter. A free consultation with GMH Legal is an opportunity to gain deep insights into your legal situation and all of your options.

Why Choose GMH Legal?

  • Over 60 years of combined legal experience
  • Outstanding track record with a winning approach
  • First appointment is always free
  • Meet our team now.

banner banner banner banner banner banner banner banner banner banner