Divorce can be challenging, but luckily you don’t have to go through it alone. Testart Family Law has helped many gay, lesbian and LGBTQ+ couples navigate their divorces with compassion and expertise.

Our same-sex divorce lawyers are 100% committed to diversity and inclusion and have extensive experience with the legal challenges often involved in same-sex divorces, such as issues of legal parentage.

We’ll do everything we can to keep your divorce out of the court and resolve any disputes amicably. And if that doesn’t work, our LGBTQ+ lawyers will help you find the best way forward and arrange legal counsel to represent you in court and achieve your desired result.

Our compassionate, experienced experts are here to help. From the first engagement to resolution – we’ll take care of you.

Get in touch to book your FREE first appointment

Same Sex Divorce Lawyers Couple Upset

Do I need a same-sex divorce lawyer?

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.

Are you eligible for a same sex divorce?

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.

Same-sex divorce process explained

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.

Same-sex legal parentage

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.

Compassionate & experienced LGBTQ+ divorce lawyers

Testart’s LGBTQ+ divorce lawyers are experienced and compassionate. We know how to minimise the stress of navigating a same sex divorce – and how to give you the best possible chance of achieving a positive result.

From the first engagement to resolution – we’ll take care of you. Get in touch with Testart Family Law today to book your first FREE appointment.

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