A lot of people wonder if there are different laws on same-sex marriages, same-sex divorces, and the considerations needed when hiring a same-sex divorce lawyer.
In this article, we cover the topic of same-sex divorce, and what people going through a same-sex relationship breakdown should consider when hiring a same-sex divorce lawyer.
Is there any difference between same-sex marriages/divorces and other marriages?
Since the legalisation of marriage equality in 2017, same-sex marriages have been regarded as essentially the same as any other marriage, and thus by default same-sex divorce is the same as other divorces.
When a couple experiences a breakdown in their relationship to the point that it can’t be repaired and wishes to seek a divorce they can either:
- Make a joint divorce application
- Have one party make a sole application, who will then need to serve it to the other party.
As with all couples, there are certain criteria that couples must meet to be eligible for divorce. These include:
- Being an Australian citizen, permanent resident or ordinarily residing in Australia for at least 12 months prior to filing the application.
- Being separated for a minimum of 12 months and 1 day.
- Providing additional proof of separation if you’ve been separated while living under the same roof.
- Having a marriage certificate.
- Obtaining a counselling certificate in your application If you’ve been married less than 2 years
It is also important to keep in mind that if there are children in the marriage, you will have to make separate and specific parenting arrangements including living arrangements, after-school care and financial support.
If your marriage occurred outside Australia, you can still apply for divorce here, provided your marriage is legally recognised in the country where it took place and you meet the specified criteria as listed above.
Also read: The World’s Most Expensive Divorce
Selecting a same-sex divorce lawyer
Now that you know that there is no difference between same-sex marriages and opposite-sex marriages, you may be wondering if there are any special considerations to consider when hiring a lawyer or same-sex divorce lawyer.
Technically, there aren’t special considerations when selecting a same-sex divorce lawyer, but there are a few things you should weigh out so you know you’ve hired a good lawyer.
- Experience and specialisation: Opt for a lawyer with a strong background in family law, ideally someone who has a track record of advocating effectively for their clients’ interests in similar cases.
- Cultural and social sensitivity: It’s crucial to select a lawyer who demonstrates cultural and social sensitivity, free from any form of bias. Your lawyer should fully support you and prioritize your best interests.
- Accessibility: Your lawyer should be readily available, attentive to your concerns, and thoroughly familiar with every aspect of your case, ensuring personalized and dedicated service.
- Ethics and professionalism: This is a big one. If your lawyer shares sensitive information with you about other clients or has suspicious billing practices, you need to move on to another lawyer.
We’ve written this guide on when it’s time to change your lawyer and how to do that.
Our team has experience in all family law matters, including same-sex divorces. Contact us here for a confidential consultation with our divorce lawyers or if you have any questions relating to same-sex marriages and divorce.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
