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I was in a same sex relationship – What’s the deal?

Whilst Australia is yet to recognise same sex marriage, the Family Law Act’s definition of De Facto couples includes same sex couples.

Can I got to Court?

As long as you and your partner fit the requirements of a de facto relationship you can apply to the court for a property settlement. The law is almost exactly the same for de facto couples as it for married couples.

Out of Court?

At FGD we are passionate about out of court options to settle your family law dispute. If you were in a same sex relationship; negotiation, collaboration and mediation are all options which are open to you and your former partner.

As a same sex couple you can also enter into Binding Financial Agreements (colloquially known as a prenup).

What if we got married overseas?

If you are in a same sex relationship and you are and your partner were married overseas, things get a little more complicated – so that’s where we can help.

Currently, because an overseas same sex marriage is not recognised in Australia, same sex couples cannot become legally divorced in Australia.

If you are both living in Australia applying for a Divorce overseas can be a little bit tricky because we may need to convince that jurisdiction that it is the appropriate forum to deal with your divorce.

Overseas same sex marriage can also affect how your estate is distributed after you pass away. So it is important that you have talked to a lawyer about your estate plan if you are in a same sex marriage.