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Same Sex Family Lawyers Melbourne
How We
Can Help
Family law applies equally to same sex couples in Australia, but many people have questions about how marriage, separation, and overseas relationships are treated under Australian law. At Aston Legal Group, our same sex family lawyers in Melbourne provide clear, practical advice so you can understand your rights and obligations with confidence.
How We Support Same Sex Relationships
Same sex relationships can involve the same family law issues as any other relationship, including marriage, separation, parenting arrangements, and property settlements. What often differs is the legal pathway that applies, particularly where relationships began before same sex marriage became legal or if the relationship began overseas.
Our lawyers assist clients at all stages of a same sex relationship, from those entering marriage to those navigating separation or divorce. As experienced same sex family lawyers, we focus on explaining how the law applies to your circumstances in a clear, respectful, and straightforward way.
Same Sex Relationships and Family Law in Australia
Australian family law recognises same sex couples equally, whether married or in a de facto relationship. The legal framework governing parenting matters, property settlements, and financial arrangements applies in the same way, subject to eligibility requirements.
For de facto same sex couples, additional considerations may apply, including establishing the existence of the relationship before certain applications can proceed. Our same sex lawyers provide guidance on how these requirements are assessed and what evidence may be relevant.
Family Law Implications of Same Sex Marriage
Same sex marriage became legal in Australia on 9 December 2017 following amendments to the Marriage Act 1961. Marriage is now defined as the union of two people to the exclusion of all others, regardless of gender.
For couples married in Australia, the legal rights and responsibilities are the same as those that apply to opposite-sex marriages. This includes access to divorce, property settlement processes, and family law protections.
Separation and Divorce for Same Sex Couples
Since marriage equality was introduced, same sex couples who are married can apply for divorce under the same process as all other married couples. This includes the requirement to be separated for at least 12 months before filing an application.
A same sex divorce lawyer can assist by explaining how divorce fits into the broader family law process, including how property settlements and parenting arrangements are dealt with separately. Importantly, once a divorce is finalised, strict time limits apply to property settlement applications.
Overseas Same Sex Marriages
Australian law recognises same sex marriages performed overseas, including marriages that occurred before marriage equality was introduced in Australia. This recognition allows couples married overseas to apply for divorce in Australia, provided jurisdictional requirements are met.
Our same sex marriage lawyer team assists clients in understanding how overseas marriages and divorces are recognised under Australian law and what steps may be required to proceed locally.
Inclusive Legal Guidance You Can Rely On
Same sex family law matters often involve additional legal questions, particularly where relationships predate marriage equality or began overseas.. We explain complex legal concepts clearly and without unnecessary formality.
We focus on providing guidance that is respectful, measured, and aligned with your individual circumstances, ensuring you understand your options before taking the next steps.
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important things you should know
Important Things You Should Know About Same Sex Relationships
The legal requirements for marriage are largely the same. One difference may involve whether a religious celebrant is permitted to solemnise the marriage, as religious celebrants may decline to do so based on their beliefs.
Same sex marriages performed overseas are recognised under Australian law, including marriages that occurred before December 2017. This recognition allows couples to access Australian family law processes, including divorce.
Yes. Same sex couples married overseas can apply for divorce in Australia if they meet the usual requirements, including separation for at least 12 months and satisfying jurisdictional criteria.
Overseas divorces are generally recognised in Australia if they meet the requirements of the Family Law Act. Legal advice can assist in confirming whether a particular overseas divorce is recognised locally.
“Liberty is the right to do what the law permits.”
Initial Discussion
Talk through your situation and the legal issues that may apply.
Obligation-Free Consultation
We review relevant details and explain your options clearly.
Let Us Get To Work
Where appropriate, we assist with applications, negotiations, or next steps under family law.
We’re With You. All The Way Through.
If you are seeking same sex family lawyers in Melbourne who provide inclusive, respectful, and practical legal guidance, our team is here to help.