Separation and Divorce for Same Sex Couples
Facing Separation and Divorce with Strength and Support
Separation and divorce can be one of life’s most challenging experiences. At Smyth Family Law, we recognise the emotional hardships and complexities you face. You deserve a compassionate and thoughtful approach to transition into a new phase of life.
Bernadette Smyth
Your Compassionate Family Law Mediation Expert and Accredited Family Law Solicitor
Berni Smyth, an accredited family law specialist and mediator, is here to support and guide you through the intricacies of separation and divorce as a same-sex couple, ensuring a process that’s respectful, fair, and considerate, including:
Expert Guidance in Complex Family Matters
Our experienced family lawyers provide invaluable support and representation, ensuring you understand your rights and options in emotionally challenging situations.
Efficient Resolution Without Court Intervention
Utilising mediation, negotiation, and collaborative approaches, we aim for amicable solutions, minimising the need for court proceedings while advocating for your interests.
Compassionate Advocacy for Safety and Fairness
With a focus on protection from domestic violence and equitable property division, our legal team offers comprehensive assistance, prioritising your safety, well-being, and long-term interests.
Why Choose Mediation
Mediation is more than just a process; it’s a beacon of hope in the midst of uncertainty.
Here’s what you can expect from mediation at Smyth Family Lawyers:
A Safe Environment
We create a safe and comfortable environment where both parties can communicate openly and honestly and most importantly of all, feel heard.
Financial Clarity
Mediation can help you to clarify your financial settlement details, ensuring financial stability for both parties and fairness for all.
Child-Centered Agreements
We prioritise the well-being of your children and make sure they are the central focus while creating custody agreements.
Cost-Effective Efficiency
Skip the courtroom drama and resolve your issues efficiently. Save on expensive legal fees, preserving your financial resources.
Emotional Relief
Walk forward into your future with closure and healing, without the emotional exhaustion of lengthy and costly court battles.
What Our Clients Say
Working With Us Is Easy
When you choose mediation, you're choosing a path that leads to a brighter, more peaceful future.
Get to know each other
At the outset, you’ll meet Berni Smyth, our skilled mediator with over 25 years’ experience. Berni’s primary objective is to facilitate understanding between both parties. Focusing on comprehending each other’s requests and expectations. It’s an opportunity to create a foundation of trust and open communication during the mediation session.
Open and Honest Dialogue
With Berni’s guidance, you and your spouse will engage in open and honest conversations. These dialogues occur in a safe environment, allowing both parties to express their needs and concerns. Berni ensures that all discussions are focused on finding common ground and reaching mutually agreeable solutions.
Create Your Peaceful Future
With Berni’s expertise, you’ll work together to create legally binding agreements that align with your needs and priorities. These agreements prioritise the well-being of your children, provide financial clarity, and offer emotional closure.
FAQs
How does Australian Law treat same sex couples?
From 9 December 2017, the right for couples to marry in Australia was no longer restricted by sex or gender. Same sex couples are now able to access the marriage and divorce regime set out in the Family Law Act 1975 (Cth).
This means that family law in Australia applies equally to both heterosexual couples and same sex couples. This is the case for both married and de facto relationships.
Same sex marriages that have been solemnised and are valid in a foreign jurisdiction may now also be recognised in Australia, irrespective of when the marriage took place. This means that same sex couples who were married overseas may now automatically be considered legally married in Australia.
As with most things, there are exceptions – for example, where either party at the time of the overseas marriage was a party to a marriage with another person which was at the time, legally recognised in Australia; or where a party to an overseas same sex marriage subsequently entered into a valid marriage in Australia.
The legalisation of same sex marriages in Australia, and the retrospective recognition of same sex marriages that took place in other jurisdictions, brings about important legal considerations.
If you are in a same sex relationship it is important to understand some of the immediate effects of the reforms, so you can ensure your legal affairs are appropriately managed. This includes reviewing your estate planning and other documents.
If you are uncertain about the validity of your previous marriage under Australian marriage laws, and how they affect your will or other legal affairs, you can discuss your concerns with a lawyer.
How do I separate from my same sex partner?
If you are separating from a same sex relationship you have the same parenting, property and financial settlements rights as people in a heterosexual relationship.
A divorce may be granted provided the separating couple meet the requirements under family law. Generally, the court must be satisfied that:
- the marriage has irretrievably broken down;
- the parties have lived separately and apart for a continuous period of 12 months; and
- there is no reasonable likelihood the parties will live together again.
If the marriage has been for less than two years, a certificate from a family counsellor confirming that the parties have considered reconciliation must be provided. The certificate is not required where extenuating circumstances exist, such as domestic violence.
When and how can I obtain a divorce?
A divorce is the legal process of ending a marriage. In Australia, there is no need to provide any reasons for divorce other than that the relationship has irretrievably broken down. If you have been separated for more than 12 months, the court takes this as evidence of that fact.
The court also acknowledges that parties may be separated but continue to live under the same roof for reasons such as childcare, religious or cultural belief or on financial grounds. If you live under the same roof as your ex-partner you can still obtain a divorce provided you swear to the separation in your divorce application.
You will need your marriage certificate, identification, and proof of citizenship (if you were not born in Australia). If you were married for less than two years, a certificate from a family counsellor confirming that you and your ex-partner have considered reconciliation must be provided, unless special circumstances exist.
The court needs to be satisfied that your children are being taken care of before a divorce will be granted but will not expect that you have a formal agreement regarding these arrangements.
When you lodge your application, the court will advise the date of the hearing, which is usually within 2-3 months. The hearing is not long, and you may not need to attend. If granted, a divorce order becomes final one month and one day from the date of the hearing.
What happens once a divorce is granted?
The granting of a divorce order triggers a 12-month timeframe within which to commence proceedings for a property settlement or spousal maintenance order.
A divorce may also affect the provisions of an existing Will, or your Will may no longer reflect your testamentary wishes. If you have not already done so, you should revise and update your Will and take steps to formalise the division of your property.
If you need any assistance contact one of our lawyers at berni@smythfamilylaw.com.au or call 02 7202 2137 for a no-obligation discussion and for expert legal advice.
Need Help With Something Else?
A Partner You Can Trust
Berni Smyth, a lawyer and Nationally Accredited Mediator and Arbitrator, offers solicitors an efficient and effective resource for resolving legal disputes. Including conducting mediation and arbitration, including family law matters.
For timely, confidential, and legally sound dispute resolutions, choose Berni Smyth as your trusted partner.
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