Same Sex Couples and Separation
The legalising of same sex marriage in December 2017 has brought significant changes to Family Law.
Previously, gay couples were recognised as having the same rights as defacto couples. Under the Family Law Act, de-facto couples are entitled to the same property settlement and parenting order processes as married couples. Although nothing changes for same sex couples in these aspects, the fact they can now marry invites more options when it comes to entering and ending a relationship.
One of these options is to enter a Binding Financial Agreement. Although defacto couples can enter a Binding Financial Agreement at the start of their relationship, it is far more commonly entered by married couples and ensures that whatever assets are brought into the relationship by a party, are retained by that party in the event of separation.
Additionally, same sex couples may also now file for divorce if their relationship irretrievably breaks down.
If you wish to seek advice on Binding Financial Agreements and Divorce in Same Sex relationships, please contact our office for assistance.