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.