Same Sex Divorce Lawyers

It is possible to file for divorce without a same-sex divorce laywer. However, divorce only ends your marriage – it does not make arrangements for division of assets or care of your children.

If there is any dispute over these issues, it’s always best to seek the advice of a specialist LGBTQ+ lawyer you can trust right away. Testart’s legal experts can help ensure you:

• Understand the legal process.
• Know all your options and are able to make informed decisions.
• Give yourself the best possible chance to resolve issues out of court.
• Understand what you’re entitled to.
• Ensure whatever happens is in the best interests of your children.
• Give yourself the best chance to achieve the result that you want.

Most importantly you’ll have peace of mind, knowing you have a compassionate legal expert to call on every step of the way for guidance.

Get in touch to book your FREE first appointment.

On December 9 2017, the Marriage Act 1961 was updated and the right to marry was no longer determined by sex. Since then, same-sex marriages have rightfully been treated the same as heterosexual ones under Australian law.

Divorce also functions much the same for same-sex couples. To be eligible for divorce, you, your ex-partner and your marriage will need to meet certain criteria:

• Be legally married.
• Have been separated for at least 12 months.
• There is no reasonable hope of you reconciling.

Once you’re sure you’re eligible for divorce, the next step is to start the process.

The same-sex divorce process is much the same as it is for heterosexual couples. You can apply for divorce by completing an online application by yourself or together with your partner.

• If you file a sole application, or have children under 18, you may need to attend court and serve your ex-partner with the divorce application.
• Your ex-partner cannot oppose a divorce order and you do not need a reason to divorce as long as there is no reasonable hope of you getting back together.

Ending the marriage may be simple enough, but the process of property settlement and making arrangements for your children’s care is usually more complex. Testart’s specialist LGBTQ+ lawyers will work hard to resolve these issues outside of court with the help of our expert mediators.

If this approach isn’t successful, we can advise you on the best way forward and prepare you for what’s next.

One of the most common challenges for same sex parents after divorce is legal parentage. After all, in most same-sex marriages, only one person can be the biological parent to the child.

If that’s the case and you are not recognised as a legal parent, we can help you apply for a parenting order through the Family Court and ensure you retain your rights to care for your children.

Same sex married couples have the same rights under the law as heterosexual couples and can face similar challenges during a divorce. Testart Family Lawyers provide expert advice to help all LGBTQ+ couples move on and resolve their disputes.

Our diverse team of lawyers have years of experience helping same sex couples and have extensive experience resolving issues of legal parentage that sometimes occur during same sex divorce. Our process is designed to reduce stress and cost so that you can focus on taking care of yourself:

• Our first meeting is completely free, with no obligations. We’ll get to know you, understand the circumstances of your divorce and what you’d like to achieve.
• Next, we present a statement of your legal position so you know exactly where you stand. We’ll suggest the best course of action to resolve your disputes.
• If you decide to engage our legal services, we’ll advocate on your behalf and provide honest, expert legal advice.

From the first meeting to resolution of your issue, we’ll take care of you.

Divorce is difficult regardless of your sexuality or gender. That’s why we aim to make the process easier and help you shoulder some of the burden by providing empathetic, human support and ongoing legal advice.

We’ll make sure you know exactly where you stand and guide you through the entire process to reduce uncertainty during a difficult time. Our experienced team will also focus on achieving an amicable resolution to save you the cost, stress and time involved in attending court. In the rare event that this isn’t possible, we’ll make sure you’re fully prepared to attend court with everything you need to achieve a result.

Testart Family Lawyers will provide valuable legal advice around the complex issue of legal parentage during same sex divorce, however your child was conceived. Our experienced team will also advise on matters of property settlement to ensure that you receive what you’re entitled to under the law. Ultimately, we’ll give you the best possible chance to achieve an outcome that’s in your best interest and the interests of your family.