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Same Sex Couples

We understand the family law issues for same sex couples and aim to achieve a successful, fair outcome. 

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 protection 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.

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.


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