LGBTIQA+ & Same-Sex Lawyer Melbourne

The same property settlement laws apply equally to same-sex partnerships and heterosexual relationships. There are several options to protect your assets in a de facto relationship or marriage.

We’ve helped our many clients from the LGBTIQ+ community with negotiations with the other party and the preparation of a Binding Financial Agreement(BFA). A BFA is a legally binding agreement between parties that sets out how assets and liabilities and/or spousal maintenance will be distributed in the instance that the relationship breaks down.

They can be created before, during or after your de facto relationship or marriage, in order to protect your assets.

Yes, the rights of same-sex de facto relationships are exactly the same in regards to property and spousal maintenance claims and parental matters. De facto relationships have broadly the same rights as married couples.

With all de facto relationships, to be considered de facto, you need to have lived together on a genuine domestic basis. Our de facto lawyers can advise if you meet the eligibility for a de facto relationship if you aren’t sure if you are in a de facto relationship and any obligations that may arise.

Same-sex parenting is legal in Australia and is possible in a number of ways for both gay and lesbian couples. Most same-sex couples will use assisted reproductive technology such as vitro fertilisation or intrauterine insemination.

In the instance that your de facto relationship or marriage breaks down, under the Family Law Act, provisions relating to children’s arrangements are exactly the same for heterosexual and same-sex relationships. Under the Act, the Court is required to consider the best interests of the child when making decisions on parenting arrangements.

Where it becomes complex is in relation to biological parentage and the rights of sperm donors. For instance, if a lesbian couple uses a sperm donor, the donor could be considered the legal parent of a child in certain cases, and have an obligation to pay child support and could even apply for custody.

A gay male couple might use a surrogate to carry a child. The Family Law Act allows you to transfer parentage from the surrogate to the eventual parents. However, there are strict laws around surrogacy, so it’s essential to gain legal advice before starting this process.

For the above reasons, it should be a top priority for same-sex couples to have legal parentage in place to protect themselves in these situations. If you are in a same-sex relationship and considering having children, obtaining the right legal advice at the early stages of your plan is vital.

Our family lawyers can assist with parenting plans, parenting orders, child support and sperm donor agreements, egg donor agreements and parental transfer.

Same-sex couples and other LGBTIQA+ couples have been able to legally marry since an amendment to the Marriage Act on December 9th 2017. The Act now defines marriage as ‘the union of 2 people to the exclusion of all others, voluntarily entered into for life’.

Individuals in a same-sex marriage, as well as other LGBTIQA+ marriages, have the exact same rights as heterosexual marriages and are subject to the same divorce process.

To obtain a divorce, parties must first demonstrate that the marriage has broken down ‘irretrievably’. This is evidenced by being separated for at least 12 months. Our divorce lawyers can advise you on the process for gaining divorce and help with the divorce application.

If you are in a de facto relationship or a marriage, you may be subject to a property settlement under the Family Law Act. The Family Courts or the Federal Circuit Court will consider all of your assets, and your partners’ assets in the property pool as well as any liabilities in determining a property split.

However, many couples choose to resolve property distribution via legal financial agreements, like BFAs or consent orders, and without the Court needing to make a final decision.