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De Facto Law & Same Sex Couples

Are you considering your options when it comes to your family situation?

Are you having troubles in a Same Sex or De Facto relationship?

In NSW the law recognises your relationship if you live together as a couple regardless of your sex.

You must be in a close personal relationship, that is between two adult persons, whether or not related by family, where one or other provides domestic support and personal care, which must not be for a fee or reward!

With same sex couples, if the existence of a relationship is disputed, it might be harder to prove and statements as to their relationship will be very significant.

In NSW there is no provision for any sort of registration of same sex relationships. However, untangling a same sex relationship is done using the same process as for a de facto or married couple

At BBlawyers we can give advice on the preparation of a Binding Financial agreement prior to a De Facto or cohabitation.

Binding Financial Agreements are an extremely effective way to regulate and protect your financial affairs if you are living in a same or opposite sex relationship.

For more information of Pre-nuptial agreements, Binding Financial Agreements or matters relating to De facto Relationships, call one of our Family Law experts for an appointment on 9630 0444.

De Facto Law and Same-Sex Couples in New South Wales (NSW)

In NSW, de facto relationships, including same-sex couples, are recognized under the Family Law Act 1975 (Cth) and the Property (Relationships) Act 1984 (NSW). The key aspects of de facto law and same-sex couples in NSW include:

  1. Definition of a de facto relationship: A de facto relationship is defined as a couple living together on a genuine domestic basis, with factors such as the duration of the relationship, financial dependence, and the existence of a sexual relationship being considered.
  2. Rights and obligations: De facto couples, including same-sex couples, have the same rights and obligations as married couples in areas such as property settlements, spousal maintenance, and parenting arrangements.
  3. Property settlements: Upon the breakdown of a de facto relationship, the parties can seek a property settlement, which involves the division of assets and liabilities based on the principles of fairness and equity.
  4. Parenting arrangements: De facto couples with children can seek parenting orders from the court regarding matters such as parental responsibility, living arrangements, and child support.
  5. Domestic relationships register: Same-sex couples in NSW can register their relationship on the Domestic Relationships Register, which provides legal recognition and certain rights and obligations.
  6. Time limits: There are strict time limits for applying for property settlements and parenting orders, typically within 2 years after the end of a de facto relationship.

It’s crucial
 to seek legal advice and representation from experienced family lawyers to navigate the complexities of de facto law and same-sex couple rights, ensuring that your interests and those of any children involved are protected.

Navigating child custody matters? Our experienced team can guide you through the legal process, ensuring the best interests of your children are protected and their well-being is prioritized.

Considering separation? Our compassionate lawyers can assist you in understanding your rights and obligations, providing practical advice and support during this challenging transition.

Seeking a divorce? Our knowledgeable team can guide you through the legal process, ensuring your rights are protected and your divorce is handled efficiently and respectfully.

Facing property settlement issues after a relationship breakdown? Our skilled lawyers can help you navigate the complexities, ensuring a fair and equitable division of assets and liabilities.

Are you in a de facto relationship? Our experienced team can advise you on your rights and obligations, ensuring your interests are protected, whether you’re separating or seeking legal recognition of your relationship.