Same Sex Relationships

Forte Family Lawyers often acts for clients in same sex relationships, and has experience assisting clients in same sex relationships across a variety of areas, from the beginning of your relationship, to growing your family through the addition of children, and separation. As a firm, we have a long history of supporting the recognition of equality of rights for same sex couples. Happily, most of the legal complexities for same sex couples navigating the family law system have been removed.

In most cases the law that applies to same sex relationships about parenting and financial issues is the same as the law that applies to heterosexual couples, regardless of whether the couple is married or in a de facto relationship. For more information on de facto relationships, see De Facto Separation.

There are, however, complex laws in relation to parenting, including who is a legal parent, the rights of social parents and who is liable to pay child support.

Child Related Matters

As noted above, laws in relation to parenting can be more complex for same sex couples. This complexity typically arises out of whether a person is considered a legal parent of the child/children (parentage).

Are You A Legal Parent?

For same sex parents looking for advice on parenting matters, a good place to start is to determine whether you are considered a legal parent of the child/children. For the purposes of the Family Law Act 1975 (Cth) (FLA), a person is presumed to be the parent of a child in a number of circumstances, including if they are registered as parent on the child’s birth certificate or if a parentage order has been made by a court.

For more information on parentage, including parentage orders see Surrogacy Matters.

What Happens If You Are A Legal Parent?

If you are a legal parent and you are separated, then the FLA applies, irrespective of the gender and/or sex of the child’s parents.

For more information on parenting matters following separation, and how we can assist you, please see Children & Parenting.

Upon separation, if you are a legal parent, you may be obliged to pay child support for the child. For more information on child support, please see Child Support.

What If You Are Not A Legal Parent? Becoming A Legal Parent

Parents in same sex families, including those who have used surrogacy or assistive reproduction technology to start their family, may wish to be considered to be the parents of their children either under the surrogacy laws or by seeking an order for parental responsibility under the FLA.

Because of our particular expertise in assisted reproductive laws, Forte Family Lawyers can provide expert advice about the complexities of parentage law and how it applies to same sex couples. For more information on surrogacy, assisted reproductive technology, and parentage orders please see Surrogacy Matters.

Child Support

Following the breakdown of a relationship, if you and your former partner have children one of you may be liable to pay child support to the other. For more information on how child support is assessed in Australia, see Child Support.

Property Matters

The law in relation to property matters applies substantially in the same way to same-sex couples as it does to heterosexual couples. There are some jurisdictional hurdles to meet. For more information on property matters, please see Property & Financial Settlements.

Family Violence

Forte Family Lawyers acknowledges that people in all kinds of relationships, whether heterosexual or same sex, can experience family violence. Our team is dedicated to providing clear and compassionate advice to help you navigate through a difficult time, while prioritising your safety and wellbeing throughout. For more information on family violence, and resources available please see Family Violence and Family Violence Resources.