Same Sex Couple Family Law

Every family is unique. After a separation, it is important to have the right guidance to navigate the family law system regardless of what your family might look like.

Changes to the Marriage Act in 2017 mean that same-sex couples are now able to be divorced in an Australian court, regardless of where in the world a couple were married.

The way in which the Family Law Act deals with same-sex couples in terms of financial matters, regardless of whether they are married or in a de facto relationship, is now no different to heterosexual couples. The same relief for division of property, spouse maintenance and child support are available.

Parenting arrangements may be straightforward for your family following a separation, or they may also be a source of contention between you and your ex-partner. It may also be that your children have a third parent, or another significant adult in their life that will be involved in their care arrangements going forward.

The High Court case of Masson and Parsons in 2019 confirmed that a person who has donated their genetic material for the conception of a child can be a parent within the meaning of the Family Law Act. When considering whether a donor is a parent to your child, a Court would look at the nature of the relationship between that person and your child, any financial support provided and the history of that person's involvement in decision-making regarding your child's health, education and general welfare.

Most of the time it won't be contentious identifying who the significant people are your child's life, however, sometimes it can get a bit tricky navigating the arrangements for kids once parents separate and there is another significant person involved.

At Pearson Emerson, much of our work is helping families reach an agreement about their financial and parenting arrangements going forward. We do so working closely with mediators, family dispute resolution practitioners and psychologists to help people navigate the best way forward for their family. Please contact Pearson Emerson for detailed advice on same sex couple family law.