Reforms introduced in Australia in March 2009 ensure that same-sex couples and their families are recognised as having the same entitlements and protections as opposite-sex de facto and married couples under the Family Law Act. The current laws mean that same-sex couples who have separated are able to pursue an application for property settlement, make parenting arrangements and apply for child support assessments through the Child Support Agency.

How do I know if I am entitled to relief under the Family Law Act?

The Court will consider the following factors when deciding whether a same-sex couple is deemed a de facto couple: The duration of the relationship The nature and extent of common residence of the parties Whether a sexual relationship exists The degree of financial dependency or interdependency and any arrangements for financial support Ownership used in acquisition of the property of the parties Whether there are any children to the relationship The reputation and public aspects of the parties relationship.

Expertise

Same-Sex Relationships

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Extensive Experience

Kells specialises in all areas of family law including divorce, separation, child custody, child support, property and financial agreements and settlements.

Dedicated Team

Conveniently located throughout Sydney and across the Illawarra region, our team offers the highest level of service, whilst remaining affordable and easy to talk to.

Trusted Family Lawyers

Nothing is more important to our team than upholding your rights and best interests throughout your legal process.

Here to Help

If you are a same-sex couple and require legal advice regarding a family law issue, the team at Kells can help. Whether during your relationship or after separation, we can assist with matters such as property settlements, parenting arrangements and child support assessments.

Call (02) 4221 9311

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Family Law & Children

Area of Expertise

Adoption
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Binding Financial Agreements/ Prenuptial
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Child Custody and Parenting Agreements
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Collaborative Law
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Divorce
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De Facto Relationship
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Family Violence and AVOs
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Property Settlements
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Same Sex Relationship
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Separation
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How Can Our Family Lawyers Help?

Same-sex couples in Australia can access the same entitlements and protections as opposite-sex de facto or married couples under the Family Law Act. The family lawyers at Kells have a wide breadth of experience in dealing with family law issues faced by couples, including those in same-sex relationships.

If you’re in a same-sex relationship and would like to discuss your rights and entitlements either during your relationship or post-separation, call Kells to make an appointment. We understand the family law issues for same-sex couples and aim to achieve a successful, fair outcome.

Frequently Asked Questions

What are my rights?

Reforms introduced in Australia in March 2009 ensure that same-sex couples and their families are recognised as having the same entitlements and protections as opposite-sex de facto and married couples under the Family Law Act.

The current laws mean that same-sex couples who have separated are able to pursue an application for property settlement, make parenting arrangements and apply for child support assessments through the Child Support Agency.
How do I know if I am entitled to relief under the Family Law Act?
The Court will consider the following factors when deciding whether a same-sex couple is deemed a de facto couple:
- The duration of the relationship
- The nature and extent of common residence of the parties
- Whether a sexual relationship exists
- The degree of financial dependency or interdependency and any arrangements for financial support
- Ownership used in acquisition of the property of the parties
- Whether there are any children to the relationship
- The reputation and public aspects of the parties relationship.