Same Sex Relationships

We regularly advise and act for people in same sex relationships, whether they be de facto or married. We support them in pre-separation advice, post-separation advice and also people embarking on second or new relationships which may become de facto relationships in the future.

Same Sex Relationships

Pre & Post Separation Advice & Agreements

Our family lawyers help people in the LGBTIQA+ community who are either considering separation or already separated to answer their questions, become aware of their options and make informed decisions.

We have considerable experience in providing legal advice and guidance to people experiencing relationship breakdown, to successfully navigate their separation and the subsequent steps and processes.


Property Settlements

Obligations & Entitlements in Same Sex Relationships

As you may well be aware, in Australia, in December of 2017, same sex marriage was legally recognised, and subsequently treated in the same way as traditional marriage.

Prior to that in 2009, parties to de facto relationships became entitled to the same entitlements as married couples. Provided that two people have been living together on a ‘genuine domestic basis’, then the obligations and entitlements are the same as are applied, upon the end of the relationship.

The term ‘genuine domestic basis’ is from the Family Law Act and it is the overarching basis for determining if you are or have been in a de facto relationship.

Some of the indicators considered when determining if you are or have been living together on a ‘genuine domestic basis’ are: 

  • Whether there is/has been a mutual intention to share a life together;
  • How long you have been in a common residence;
  • Whether you are/have had a sexual relationship; or
  • Whether there is any financial dependence, interdependence or support.

If you are in a de facto relationship, or embarking on a second relationship and wish to put in place a financial agreement to have clarity as to what will happen to your property if the relationship breaks down, consult our page, Prenuptial and Financial Agreements.

Same Sex Relationships

Navigating Separation

If you are or have been in a significant relationship or marriage, separation is a challenging time that can be easier to navigate with the support of specialist family law advice.

If you are married, you will need to wait to apply for a divorce. In Australia, if you have been married for two or more years, a divorce application can only be made after one year and one day has passed since the date of separation.

However, there are some steps that can be undertaken immediately upon a separation, that apply to people who have been married or in a de facto relationship.

These include:

  • Parenting arrangements for children
  • Spousal maintenance; and
  • Financial separation
Same Sex Relationships

Additional Information

Given that LGBTIQA+ de facto relationships and marriages are treated in the same way as non-same sex relationships in Australia, for further information please consult these pages.

Separation Advice & Same Sex Divorce
Family Lawyers Brisbane & Australia

Our highly experienced team has helped thousands of people with  pre-separation and post-separation advice, prenuptial agreement advice, complex property settlements, parenting arrangements and international family law matters.