Same Sex Couples

In Australia, the law now does not make a distinction between same-sex and heterosexual relationships. Since December 2017, same-sex marriages became legally recognised. Same-sex couples have the same rights and responsibilities and if that relationship ends there can be issues relating to finances and children that need resolving. The courts will apply the same rules and principles to same-sex couples in determining these issues.

Our expert family lawyers understand the legal standing of all the various types of relationships that parties can be in and can advise you on your specific rights and responsibilities. At Bateys Law, our team can guide and assist you through all legal situations relating to your relationship and can negotiate on your behalf to ensure the best outcome for you and your family.

Rights of same-sex couples in Revesby

Depending on whether a couple are married or in a de facto relationship will give slightly different rights and responsibilities. There are various issues that couples need to consider regarding their particular relationship and how it affects their legal rights.

Same-sex parenting and the law

Parents in a same-sex relationship have legal custody of any children from the relationship. Where the couple are married, both the biological and non-biological parents are regarded as having equal rights. In de facto relationships, however, the non-biological parent has to prove that the relationship is de facto in nature. Whether married or in a de facto relationship, the non-biological parent does not have the same parenting rights and it may be that this partner wishes to formalise the relationship with a court order that recognises parental responsibility of that parent. If the relationship ends, the issues relating to the care and custody of the children need to be considered and dealt with in the same way as heterosexual couples. Also, when a relationship ends there are issues relating to finances. In a de facto relationship, the couple has to prove its status alongside other factors before there is a right to property division. Married couples, on the other hand, have automatic rights in relation to how property needs to be divided.

Are wills important for same-sex couples?

De facto couples may not automatically have legal rights to their partners’ assets in the event of death, and therefore must ensure that they have valid wills naming their partner as the beneficiary. However, same-sex couples that are married have a legal right to their partner’s assets in the same way as heterosexual couples. This is irrespective of any will that is made. Legally married same-sex couples will also have the right to make arrangements after their partner’s death in line with their wishes (for example, funeral arrangements). De facto couples do not necessarily have the same rights.

Another area where issues can arise is if one partner from a de facto relationship becomes very ill, raising issues on care and treatment. De facto couples do not have the same entitlements to make decisions automatically about their partner’s care in these situations unless there is an enduring power of attorney or guardianship. Married same-sex couples, however, will have the right to make these decisions.

Contact our same-sex family law solicitors in Revesby, South West Sydney

At Bateys Law Firm, we can provide you with proactive and pragmatic legal advice with regards to your relationship and the rights and responsibilities that are attached to it. Our qualified lawyers will ensure that all legal issues surrounding your particular circumstance are handled efficiently and with minimal fuss. Our dedicated team can also assist in negotiations and relevant orders to formalise parts of your relationship where necessary.

Whatever the nature of your query, contact us today and see how our expert family law solicitors can help. Call us on 02 4708 9507 or complete our online contact form.