Same Sex Couples

Separation and Divorce Lawyers for Same-Sex Couples

Understanding Separation and Divorce
At South Coast Family Law Group, we are dedicated to supporting same-sex couples through the separation and divorce process. The end of a relationship can be a difficult time, and it’s essential to understand your rights and obligations, particularly regarding parenting arrangements and property settlements.

Legal Recognition of Same-Sex Relationships
Since the legalisation of same-sex marriage in Australia, same-sex couples have the same legal rights as opposite-sex couples. This includes:

  • Property Settlements: Upon separation or divorce, you have the right to seek a fair division of property, assets, and liabilities.
  • Parenting Arrangements: If you have children, you can establish custody, visitation, and support arrangements in the best interests of your children.

If you are a same-sex couple facing separation or divorce and need assistance with parenting arrangements or property settlements or divorce, contact South Coast Family Law Group today 02 4202 6644.

Parenting Arrangements

When it comes to children, making arrangements that prioritise their welfare is crucial. Here are some key points to consider:

  1. Negotiating Parenting Plans: If safe, work together with your partner to create a parenting plan that outlines custody, visitation schedules, and financial support.

  2. Best Interests of the Child: The Family Law Act emphasises that the child’s best interests must be the primary consideration when making parenting arrangements.

  3. Court Involvement: If an agreement cannot be reached, you may need to apply to the Federal Circuit and Family Court of Australia for a parenting order. Our experienced Family Law Lawyers can guide you through this process.

Property Settlements

The division of property following a separation or divorce involves several important considerations

  1. Financial Contributions: Assess the financial contributions made by each partner during the relationship, including income, savings, and investments.
  2. Non-Financial Contributions: The Court will also consider non-financial contributions, such as homemaking and caregiving roles.
  3. Future Needs: Factors like age, health, and earning capacity are taken into account to ensure a fair outcome for both parties.

How we can help

Parenting arrangements

When separating, establishing parenting arrangements is often one of the most pressing concerns. Our team is dedicated to helping you create a fair and workable parenting plan that prioritises the best interests of your children. We can assist with:

  • Negotiating Parenting Orders: We will guide you through the negotiation process to reach an agreement that suits both parties and meets the needs of your children.

  • Mediation Services: If you and your partner are struggling to communicate, our experienced Family Law Solicitors can attend mediation with you to facilitate discussions to help you reach an amicable resolution.

  • Representation in Court: If necessary, we can represent you in Court to secure parenting orders that reflect your wishes and protect your children’s welfare and best interests.

Property Settlements

Navigating property settlements can be complex, particularly for same-sex couples. Our team has extensive experience in property law and can assist you with:

  • Asset Valuation: We will help identify and value all assets and liabilities, ensuring a fair assessment.

  • Negotiation and Settlement: Our skilled negotiators work to achieve a just property settlement that considers both parties’ contributions and future needs.

  • Court Representation: If an agreement cannot be reached, we are prepared to represent you in Family Court to resolve property disputes.

FAQs About Separation and Divorce for Same-Sex Couples

What should I do first if I am considering separation or divorce?

The first step is to seek legal advice. A Family Law solicitor can help you understand your rights and options, ensuring you are well-informed throughout the process.

Property division follows similar principles to opposite-sex separations, taking into account financial and non-financial contributions, along with future needs.

Yes, if you and your partner cannot reach an agreement on parenting arrangements, you can apply to the Federal Circuit and Family Court of Australia for a parenting order.

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(02) 4202 6644
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Wollongong office

12/200 Crown St, Wollongong NSW 2500

Shellharbour office

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