Relationship Law for De Facto Couples (including same sex couples)

Although the law in relation to property settlement for de facto couples changed in 2009 to create greater equality between de facto couples (including same sex couples) and married couples some important differences still remain. These particularly arise where couples separated prior to 1 March 2009, where they lived together for only a short period (or separated and reconciled previously) or where they lived overseas, in Western Australia or South Australia during their relationship. If you have separated from a de facto relationship (or are contemplating doing so) then it is important to obtain advice from a specialist family lawyer who will know and understand the complexities in this area of the law.

Similarly although major legislative changes have removed most legal discrimination against same sex couples some inequities still arise, particularly in relation to the legal recognition and effect of same sex marriages solemnised overseas and other relationship recognition schemes such as the ACT's Civil Partnership scheme.

Other legal complexities arise for same sex couples in relation to their legal recognition as parents of their children and if disputes arise with co-parents or donors. This area of the law is complex and has many uncertainties. The method of conception can have a significant impact on how the law operates. Obtaining legal advice prior to the conception of a child from a lawyer experienced in this field can reduce the likelihood of future disputes and legal difficulties.

At KJB Law we can assist you by:

• Advising you as to your rights and entitlements if you separate from a de facto relationship;
• Assist you in negotiations in relation to property settlement arising from the breakdown of a de facto relationship;
• Represent you in court proceedings in relation to property settlement arising from the breakdown of a de facto relationship;
• Advise you of the legal effect of any formalisation of your same sex relationship (such as an overseas marriage, relationship registration or a Civil Partnership);
• Provide you with advice and guidance in making decisions about conception of a child in a same sex relationship, including guidance about discussions to have prior to conception with any prospective co-parent or donor;
• Drafting non-binding parenting "agreements" to help you clarify the role of any prospective co-parent or donor;
• Negotiate on your behalf if disputes arise with your co-parents or donors
• Represent you in relation to any court proceedings that might arise in relation to a child conceived in a same sex relationship

Enquiries

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