Dedicated Legal Partner for Rainbow Families Australia
Barker Evans is the only legal partner for Rainbow Families Australia, assisting our community with legal issues relating to the LGBTQIA+ community.
Our Managing Director, Nicole Evans, is the author of Lesbians & the Law, A Guidebook for Australian Families. Nicole is a regular contributor to media outlets, podcasts, and news programs on same-sex parenting, donor rights, surrogacy and other issues specific to same-sex families.
We help people in solving legal issues
Same-Sex De Facto Relationships
Same-sex de facto partnerships are included under the Family Law Act 1975.
What constitutes a de facto relationship?
According to the Family Law Act, two individuals are considered to be in a de facto relationship if they are not legally married but have cohabited as a couple in a genuine domestic setting.
Several factors are assessed to determine this status; typically, you must demonstrate that you and your partner have resided together for a minimum of two years. However, this requirement may be waived in situations involving a child from the relationship or other exceptional cases, such as significant merging of finances and assets.
Property Settlements for Same-Sex and LGBTQIA+ Couples
If you’re in a de facto relationship or married, property settlements may apply under the Family Law Act.
The Family Law Act 1975 outlines how to determine a “fair and equitable” property settlement for all married and de facto couples who separated after March 1, 2009.
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When the Family Court assesses the property rights of each party, it follows a Four-Stage process:
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- Identify the joint and individual assets and debts of the parties.
- Evaluate the contributions each party made towards acquiring, maintaining, and enhancing the assets, as well as their overall contributions to the family’s well-being.
- Consider the “future needs” of the parties, which includes potential adjustments to property based on expected future circumstances, such as differences in income, health issues, and primary childcare responsibilities.
- Determine if adjustments to the property interests of the parties are needed to ensure that the final asset division is deemed ‘fair and equitable’ based on the first three stages.
Most cases are settled through mutual agreement, often facilitated by legal counsel who guide the parties on their potential entitlements using this Four-Stage framework.
LGBTQIA+ Family Violence
For many individuals in the LGBTQIA+ community, significant obstacles exist when seeking help for domestic and family violence situations.
Prejudice, discrimination, and societal stigma can deeply impact how LGBTQIA+ individuals experience and react to intimate partner violence. Additionally, many service providers may not have sufficient knowledge or insight into the unique challenges faced by the LGBTQIA+ population in these circumstances.
At Barker Evans, Nicole Evans specializes in issues related to LGBTQIA+ family and domestic violence. To explore the legal aspects of domestic and family violence across various regions in Australia, click here.
Parenting in LGBTQIA+ Families
Same-sex partners, whether legally married or in a domestic partnership, enjoy equivalent parental rights under the Family Law Act 1975.
It’s crucial that all decisions concerning children prioritize their well-being. This includes determining their living arrangements and visitation schedules, as well as practical considerations regarding transitions between caregivers, often referred to as ‘changeovers’ or ‘handover.’
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The law emphasizes that when evaluating a child’s best interests, maintaining a strong and meaningful relationship with both parents is essential, provided the child is safeguarded from any potential harm.
Each family is unique, and circumstances vary widely. There isn’t a universal approach to establishing suitable arrangements for your family.
If you’re in the process of separating or contemplating it, we highly encourage you to schedule a consultation with us for tailored advice pertinent to your situation.
Prenuptial and Financial Agreements for Same-Sex Couples
Similar to property and child custody matters, same-sex couples, whether married or in de facto relationships, can establish Binding Financial Agreements (BFAs), often referred to as “prenups.” These agreements outline the procedures for property division and/or spousal support in the event of a relationship dissolution. Couples have the option to create a BFA at any stage; this includes those who are engaged or intending to marry, currently married individuals, those planning to cohabit or start a de facto relationship, as well as those who are separated.
LGBTQIA+ legal advice
We provide face-to-face meetings with LGBTQIA+ supportive lawyers at convenient times for you. If visiting our Sydney office isn’t possible, we can set up a phone or video consultation.
To schedule an appointment, please reach out to our client team at 02 8379 1892 or check our website at barkerevans.com.au.
Our LGBTQIA+ legal services are overseen by our lead lawyer and founder, Nicole Evans, who serves as Managing Director.
Same-Sex Marriage, Divorce, and LGBTQIA+ Couples
With the 2017 amendment to the Marriage Act, same-sex partners in Australia gained several legal rights, including the ability to marry. This change ensures that same-sex unions, whether performed domestically or internationally, are now acknowledged under the Family Law Act of 1975.
As a result, same-sex marriages are required to follow the same divorce procedures as any other marriages in Australia.
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This has implications for asset division, spousal support, and custody arrangements. It’s advisable to consult a knowledgeable family lawyer to understand how these matters may pertain to your circumstances.
Additionally, for same-sex couples seeking a divorce, it’s necessary to prove that the marriage has irretrievably broken down. This involves a stipulation that the partners must have been separated for a minimum of 12 months.
