Separation in Same Sex relationships

Guide to Separation in Same Sex Relationships

Sometimes the fairy-tale comes to an end and, if you’ve found yourself in a relationship that has run its course and want to know your options, this guide is for you.

It doesn’t matter that it’s a same-sex, de-facto or traditional relationship, your rights and obligations are the same as any other couple in the eyes of the law, so there are some things that you need to know to prepare for this next stage.

The Rights of LGBTQI+ couples

It took a long while for it to happen but, Australia finally voted for equality in marriages and relationships which opened the way for same-sex marriages in the eyes of the law. The Marriage Act 1961 was amended in 2017 to permit same-sex marriage after a widespread debate. The definition of marriage has now been transformed to enable the union of two individuals to the exclusion of all others.

It demonstrated a massive change in Australian attitudes. Today, same sex couples have equal rights under Australian law and equal access to systems like the divorce system. Also, all the rights and obligations that were enshrined in traditional marriages have now passed to all relationships regardless of how you identify as a couple.

As it stands today, ending a same-sex marriage works no differently than ending a traditional marriage. There are steps involved to ensure that everyone is treated fairly and with respect and that all the necessary steps are taken to complete the end of the relationship cleanly.

Although this is something that you can do yourself, there is enough nuance in the law that it warrants speaking to a professional who can guide you through this entire process quickly, efficiently and with the minimum of heartache.

At Adelaide Family Law, our team has comprehensive experience in all marriage breakdowns and is always here to help you through your separation, so you can begin your new life afresh.

Separation versus Divorce

When we talk about family matters, the terms “divorce” and “separation” have legal similarities. Separation can happen when one party conveys that they like to end the relationship with the other party. That applies to both married and de-facto relationships.

In either case, you will need to deal with the following things:

  • Division of property
  • Any support and/or maintenance for your former spouse
  • Children of the relationship will need to be cared for emotionally and financially regardless of whether they have come about via surrogacy or adoption
  • Decisions will need to be made about the division of all assets, whether they are in joint names or owned separately.
  • Superannuation which is included as an asset may need to be balanced to reflect different contributions by each party

Obtaining Legal Advice from a Family Lawyer

At Adelaide Family Law, our team of lawyers is experienced in assisting and advising clients with the specific challenges that couples experience. We can provide you with information regarding your legal rights, responsibilities, and entitlements. Discretion is one of our principles. Whether you become a client or not, you can make an appointment for a no-obligation consultation to put you on the right track with the ending of your relationship.

Most people do not realise that the actions they take in the early days of the same-sex separation, or shortly before it, can set a precedent and can influence the final outcome. We can recommend parenting and living arrangements, expectations during separation, and ways to make the process as smooth as possible. Further, early advice offers you the most options and a better result.

If you’ve already separated, we can advise you on your options and represent you in court, if necessary.

We know that separation is a challenging time. That is why we work so hard to support you and guarantee the best result.

How Can Adelaide Family Law Help?

Our team of separation lawyers have extensive experience in family matters with complex assets including family businesses.

If you’ve separated from your partner, we can help make a separation agreement to safeguard you financially. That agreement prevents potential disputes and unforeseen problems.

It is vital to obtain legal advice from professional family lawyers so you can make smart decisions around your separation. We know that extensive court proceedings at Family Court can be costly. Thus, we aim to accomplish results that are dignified and efficient.

Learn more today about where you stand! Contact us at Adelaide Family Law to book your no obligation consultation!


For a discreet and confidential discussion regarding your situation, contact us today

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