If you need a divorce from your same-sex marriage, Freedom Law can help you get the resolution you need!
A same-sex marriage encounters all the same difficulties as a heterosexual one; Freedom Law can help you resolve your disputes.
What is divorce and how does it work?
Since the legalisation of same-sex marriage in Australia in 2017, gay and lesbian couples now enjoy the same rights as their heterosexual counterparts. These rights obviously include the right to annul the marriage and end the legal binding of the two parties.
In Australian family law, divorce means the irrecoverable breakdown of a relationship between two married people. For a couple to be eligible for binding separation they must be able to prove there is no reasonable chance they could salvage the marriage.
The conditions that the couple must satisfy include:
• There is a long term and permanent separation of the couple.
• The parties must have been considered separated for a minimum of 12 months before an application can be filed.
• The separation period is 12 months so as to allow time for couples to re-connect before carrying out a hasty breakup.
• Couples do not need to be living separately to be considered ‘separated’; they only need to prove that they are not living in what is functionally a relationship.
• Once the 12 month period has passed the couple will be eligible for a binding separation.
• Same-sex couples have access to the Australian family law system regardless of when the marriage was solemnised.