Same Sex Couples Lawyers Perth

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What Is a Same Sex Couple?

A same sex couple refers to a relationship between a man and a man or a woman and a woman. It may also refer to a relationship in which one of the parties is transgender or intersex.

What Kind of Rights Do Same Sex Couples Have in Australia?

Same sex couples have been legally able to get married in Australia since 9 December 2017. Prior to this, people in same sex couples could only be recognised as a de facto couple, if they met the criteria.

Currently, same sex couples enjoy all the same legal rights as heterosexual couples.

There are still some differences that arise between de facto couples and married couples.

What Is the Difference between a Married Couple and a De Facto Couple?

Being married means that you have been married by an authorised celebrant, are of marrying age, not married to anyone else and that you are not in a prohibited relationship.

Being in a de facto relationship means that you are not legally married or related by family, and that you have a relationship as a couple living together on a genuine domestic basis.

What Does It Mean to Separate?

There are two different types of separation- physical separation and separation under the same roof.

Physical separation
This type of separation is a lot more straightforward and easy to prove. If you have split up with your partner and one of you moves out into different accommodation, it is safe to say that you have separated.
Separation under the same roof
This type of separation can be a bit trickier and require more proof. If you split up with your partner but continue to live in the same residence for whatever reason, this can still be counted as being separated although you are under the same roof.

Separation under the same roof is a bit different for each couple, but basically means living separate lives. This can include sleeping separately, socialising separately, severing joint bank accounts and doing household chores separately.

How Do I Go about Sorting Out the Property I Share with My Partner?

Unlike other countries, the division of assets and liabilities of a relationship in Australia is not automatically 50/50.

Family lawyers and the Family Court use a four-stage process for determining the division of assets and liabilities. For advice and information about this four-stage process, please feel free to book an appointment with one of our family and divorce lawyers.

Same sex couples are treated exactly the same as heterosexual couples when it comes to property division.

What about Arrangements for Our Children?

Children of same sex couples are treated exactly the same as children of heterosexual couples by the Family Court.

The Family Court’s paramount consideration when determining parenting arrangements for children under 18 is the best interests of the child.

When determining best interests, the two primary considerations are:

The benefit to the child of having a meaningful relationship with both parents
The need to protect the child from physical or psychological harm from being subjected or exposed to abuse, neglect or family violence.

When Is the Best Time to Get Legal Advice

There is no right or wrong time to get legal advice, but we do recommend coming in early on in order to be proactive about your separation. Our team of specialist family lawyers can help you understand your legal entitlements.

Get More Family Law Assistance With AI

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Caution should be taken when using LawAI as it can give incorrect information. Consider checking important information. LawAI is not a substitute for legal advice.

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What Our Clients Say About Us

Overall Rating

4.8

OVER 100+ REVIEWS

“Angelo provided excellent advice and a very swift service”

“They provided a flat fee, which was lower than any other family lawyer”

“I highly recommend MKI Legal”

YAEL HARRIS

“Patient and supportive, always returned calls and provided much needed guidance and advice throughout a rather trying time in my life”

“MKI are very transparent and reasonable with their costs”

TREVOR KOP

“Thank you to Angelo who has assisted me with a matter which was very daunting and felt way out of my depth”

“He was very compassionate, caring and...constantly communicated with me”

“Nothing was ever too hard and he always made me feel like I mattered”

JACQUI MOOY

“Was of great assistance to me, giving prompt and clear advice at all stages of the process.”

“Made what could have been a complex process seem easy and stress-free. Am very appreciative!”

SEAN HOWARD

“This whole process has been extremely stress free, the cost was amazing as compared with thousands of dollars quoted by several other law firms.”

“Angelo was easy to talk to and very pleasant to deal with.”

TRACY EVERSDEN

“Angelo from MKI Legal was extremely helpful and professional with his assistance in my legal matters.”

“He was very thorough with his work and was prompt will all correspondence.”

EMMA MACLEOD

Ratings correct as of late 2023