Defacto and Same Sex Relationships
In Australia, March 2009 marked a significant turning point for de facto relationships involving both heterosexual couples and same sex couples. For couples separating after March 1st, 2009, those engaged in a defacto relationship gained the right to have their claims for property settlements and spousal maintenance deliberated under Australian family law, within the Family Court, parallel to that of a married couple.
A person is in a sexual relationship considered a de facto relationship, whether opposite sex couples or same sex couples, if they are living together on a genuine domestic basis. Living together does not in all cases require the couple to be under the same roof. A person who has been in a de facto relationship for a period of at least two years (or in circumstances where a child is involved, the relationship is registered under State law, or one party has significantly contributed to the other’s property or family’s welfare) is entitled to bring an application to the Family Court for property settlement or maintenance.
The law and principles relating to property adjustment and financial support for de facto couples are almost identical to those couples who are married. However, if you are seeking to apply to the Family Court for property adjustment orders, different time limits apply for de facto couples compared to those under the Marriage Act. We advise clients to employ our services as soon as possible after parting ways in order to optimise the assessment and pursuit of their claims.
At Simonidis Steel Lawyers, our Brisbane family lawyer team is well-versed in both the Family Law Act and the Relationships Act, and are prepared to assist you in negotiating the complexities of de facto and same sex separation matters, ensuring your rights and interests are fully protected.
Do you need to see a lawyer to advise in matters regarding de facto and same sex relationships?
We specialise in providing legal support for heterosexual and same sex de facto cases at Simonidis Steel Lawyers. Our Brisbane family lawyers understand the complexities of these relationship dynamics and can provide tailored advice and representation. Whether it involves property matters, parenting arrangements, or formalising a binding financial agreement, we’re here to help.
We also assist clients with consent orders, and advise on situations involving family violence, ensuring all matters are handled with care and in accordance with Australian family law.
Our team remains up to date with legislative changes, including those following marriage equality and the recognition of same sex marriage in Australia.
We are dedicated to offering compassionate, professional legal guidance to those seeking resolution in these personal and often sensitive areas. Please don’t hesitate to contact us for assistance with any de facto relationship matter, our team is ready to support you.
Reach out to our Brisbane family lawyers today if you need specific advice for your situation. We’ll be more than happy to assist with any questions you may have.
