Same-sex Relationships

In Australia, same-sex couples have the same legal rights as opposite-sex couples. Since the legalisation of same-sex marriage in 2017, all couples enjoy the same rights regarding marriage, divorce, property settlement, and spousal maintenance under the Family Law Act 1975.

This includes the right to marry, access to divorce, and entitlements to a fair division of property upon separation.

In family law disputes, same-sex couples are treated the same as opposite-sex couples, but there may be unique considerations depending on the family’s structure, such as biological and non-biological parental rights for same-sex couples.

It’s important to seek legal advice to understand these nuances.

Spousal maintenance is not automatically granted in divorces, including those involving same-sex couples. It is based on one partner’s need and the other’s capacity to pay. The court considers factors such as the age and health of the parties, their income, employment, and the effects of the marriage on their financial circumstances.

Same-sex couples should consider the same legal elements as any couple when drafting a prenuptial agreement, referred to as a ‘binding financial agreement‘ in Australia. It is crucial to ensure that the agreement is drafted correctly, and both parties receive independent legal advice to prevent issues in the event of a separation. The agreement can cover property division, spousal maintenance, and other financial matters.