Dedicated Legal Partner for Rainbow Families Australia
Barker Evans is the only legal partner for Rainbow Families Australia, with our LGBT family lawyers 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 Solve 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.
More Information
When the Family Court assesses the property rights of each party, it follows a Four-Stage process:
Read more..
- 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, alongside our LGBT family lawyers, 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.’
For more information…
Read more..
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, including access to an LGBT Family Lawyer in Sydney, 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, supported by experienced LGBT Family Lawyers.
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 marriage in Australia.
Read more..
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.
Your Same-Sex Family Law Questions, Answered
Marriage is legal now, so why would we need specialist LGBTQIA+ family lawyers?
It’s a great question. While marriage equality was a massive win, the standard legal playbook wasn’t written with rainbow families in mind. The law can still get fuzzy on issues like surrogacy, donor agreements and co-parenting setups where parentage isn’t automatically clear. Working with experienced same-sex / LGBTQIA+ family lawyers means you have a team that already knows these specific challenges and won’t be learning on your time. If you’ve got a minute, you can learn more about our specific focus on the LGBTQIA+ community over on our website.
My partner and I are separating. Is dividing our property straightforward?
The law aims for a “fair and equitable” split, but its definition of “contribution” can be quite traditional. It doesn’t always properly account for one partner putting their career on hold to raise the kids or assets you owned before the relationship became official. A Binding Financial Agreement, or “pre-nup,” is the best way to set your own rules, but if you don’t have one, our team can help negotiate a settlement that sees the whole, true picture of your life together.
We're planning on having kids. What legal paperwork should we sort out first?
A donor agreement is your non-negotiable first step. This is a formal document that clarifies everyone’s rights and responsibilities from day one, preventing any “what ifs” down the track about who can make medical decisions or appear on the birth certificate.
Parenting plans outline the day-to-day care of your child, creating a clear and stable foundation for their life, especially in co-parenting situations.
We help couples build their families with confidence by covering all these bases and have a full range of services to support you, with guidance from an experienced LGBT Family Lawyer in Sydney.
We got married overseas years ago. Does that count for a divorce in Sydney?
Yes, it absolutely does. Since the landmark 2017 law change, your overseas marriage is fully recognised in Australia. That means you follow the same divorce process as any other couple, including the requirement to be separated for at least 12 months before applying. Having a dedicated same-sex marriage lawyer, including an experienced LGBT family lawyer in Sydney, who understands this common history for many couples can make handling the paperwork for property and parenting matters much smoother. For a full breakdown of what the Marriage Equality legislation covers, you can read the official government overview.
There are lots of family lawyers in Sydney. Why should we choose Barker Evans?
Because this isn’t just a section of our practice; it’s our world. We’re the only legal partner for Rainbow Families Australia, and our Managing Director, Nicole Evans, wrote the book on the topic. When you work with Barker Evans lawyers, you’re not just hiring a solicitor; you’re getting a team that is part of the LGBTQIA+ community and gets the nuances of your situation without you having to explain them. You can learn more about our story and what drives us on our website. If you feel we’re the right fit, you can book a free, no-obligation consultation with our team today.