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Same Sex and De Facto Relationships Lawyer
Australian family law recognises same sex relationships and de facto relationships in the same way as marriages. The Family Law Act 1975 (Cth) extends to de facto couples under s 4AA.
Parties in these relationships often need legal advice when separating or when preparing financial or parenting arrangements. This page explains the legal framework and provides short descriptions of related family law services that support these matters.
Understanding de facto relationships
A de facto relationship exists when two people who are not married live together on a genuine domestic basis. The Family Law Act 1975 (Cth) sets out a list of factors in s 4AA to determine this. These factors include the length of the relationship, common residence, sexual relationship, financial dependence or interdependence, property ownership and care of children. A court will consider the whole picture rather than one factor alone.
Same sex couples have been recognised under the Family Law Act 1975 (Cth) since 2009. Both same sex and heterosexual de facto couples can apply for property settlements, spousal maintenance and parenting orders.
Why people need legal advice
Advice is important because the legal rights of parties depend on the evidence of the relationship. Some partners face disputes about whether a de facto relationship existed. Others face disagreements about children, property or financial responsibilities. Clear advice helps you understand your position and reduces later conflict.
Common situations needing advice include:
- Separation after a long relationship where property has mixed together.
- Disputes about contributions to homes, businesses or savings.
- Breakdown of same sex relationships involving children conceived through donor arrangements.
- Questions about parenting responsibility and time arrangements.
- Disputes about financial support after separation.
- The need to formalise agreements by consent orders.
Our Sydney family law lawyers advise on all these issues and prepare strong evidence to support your case.
Related family law services
Parenting
Parenting laws apply to all parents regardless of the nature of their relationship. The Family Law Act 1975 (Cth) confirms that the best interests of the child are the primary consideration. This appears in s 60CA. Same sex and de facto parents may face issues about parentage when a child is conceived through assisted reproduction. Parentage rules appear in ss 60H and 60HB of the Family Law Act 1975 (Cth).
We Advise on:
- Parenting plans and consent orders
- Allocation of parental responsibility
- Time arrangements
- Urgent applications where safety issues arise
- Disputes about relocation
Child abduction and recovery
If a parent removes a child without agreement, the Family Law Act 1975 (Cth) provides for recovery orders. We prepare urgent applications and act quickly to secure the child’s return.
International child abduction
If a child is taken overseas without agreement the Hague Convention may apply. Australia is a signatory. We act in Hague Convention cases and prepare the evidence required for return orders.
Parenting arrangements and custody
Parents often need clear arrangements to protect stability for their children. We negotiate practical outcomes and formalise arrangements through orders where possible.
Child support
Child support is governed by the Child Support (Assessment) Act 1989 (Cth). Services Australia administers assessments. We advise on private agreements, objections, appeals and enforcement.
Surrogacy
Some same sex couples become parents through surrogacy. The Surrogacy Act 2010 (NSW) regulates these arrangements. We advise on compliance and prepare applications for parentage orders.
Separation and divorce
Same sex married couples follow the same divorce rules as heterosexual couples. Divorce requires twelve months separation. This is set out in s 48 of the Family Law Act 1975 (Cth). De facto partners do not need divorce. Separation allows parties to commence property and financial proceedings.
Consent orders
Consent orders formalise agreements about children or property. The court must be satisfied they are in the best interests of children or fall within a fair range. We prepare all documents.
Property and financial matters
Property settlements for same sex and de facto couples follow the same four step process used for married couples. This process was confirmed in Hickey v Hickey [2003] FamCA 395. The steps include:
- Identifying the property pool.
- Assessing contributions.
- Assessing future needs.
- Ensuring the outcome is fair.
We assist with negotiations, valuations and settlement options.
Division of property and super
Superannuation is property under the Family Law Act 1975 (Cth). We prepare splitting orders and liaise with funds to ensure compliance.
Financial settlements
Financial settlements resolve all property and financial issues. We prepare settlement documents, negotiate terms and represent you in mediation or court.
Spousal maintenance
Spousal maintenance may apply where one partner cannot meet their reasonable expenses and the other partner has capacity to support them. The test appears in s 72 of the Family Law Act 1975 (Cth). We assess claims and prepare applications or responses.
Family dispute resolution
Family dispute resolution is required for most parenting matters under s 60I of the Family Law Act 1975 (Cth). We prepare you for mediation and assist with drafting agreements.
Collaborative law
Collaborative law suits couples who want to resolve disputes without litigation. Parties sign a participation agreement. We assist with the collaborative process and provide structured support.
Family therapy referrals
Relationship breakdown affects emotional wellbeing. Family therapy helps parents and children adapt to change. We refer clients to qualified professionals.
Mediation
Mediation helps resolve disputes about property or parenting. We support you by preparing evidence, outlining your goals and formalising agreements.
International family law
International issues arise when one partner lives overseas or when assets or children are overseas. We advise on jurisdiction, recognition of foreign orders and cross border parenting issues.
Take the Next Step
Same sex and de facto relationships fall within the same legal framework as marriages under Australian family law. The Family Law Act 1975 (Cth) provides rights and obligations for parenting, property and financial matters.
Our family law firm in Sydney provides clear advice and representation to guide you from separation to final resolution. Our experience covers all areas described on this page and we ensure every step complies with Australian law.