Looking For Assistance With Same-Sex Family Law on the Sunshine Coast?

In 2017, across Australia, same-sex marriage was legalised when the Australian Parliament passed the Marriage Amendment (Definition and Religious Freedoms) Act 2017. This means that The Family Law Act 1975 recognises same-sex couples, ensuring that same-sex couples and families are protected at law with regard to their financial and parenting matters.

 

According to the Australian Bureau of Standards, in 2020 in Australia, there were 2,902 same-sex marriages. Same-sex marriages constituted 3.7% of marriages registered. Across all states and territories,61.4% of all same-sex marriages were female same-sex couples and  38.5% were male same-sex couples. The median age for males was 37.2 years, and for females it was 35.3 years.

 

The Anumis Legal Family Law Team believes that your sexual orientation should not affect your rights. We look forward to advising you about your legal rights and obligations and respectfully assist and support you to pursue your rights.

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How Anumis Legal Can Assist You With Your Same-Sex Family Law Matters

With a rise in the number of same-sex marriages, it follows that there will be an increase in same-sex separations and divorces. Under Australia’s no-fault system, to get a divorce, a couple must prove that the marriage has irretrievably broken down.

Before you can apply for a divorce you must:

Live separately for at least twelve (12) months

Live separate lives, but you can live in the family home

Before you can apply for a divorce one spouse must:

Have lived in Australia for at least one year; or

Either be an Australian citizen, live in Australia and intend to do so indefinitely.

If you are seeking a divorce and you have been married for less than two years, you must try to reconcile your differences through marriage counselling – except where it is unsafe to do so. For example if there is a history of domestic or family violence.

 

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When tough decisions need robust legal backing, Anumis Legal steps up to the challenge.  You can expect compassionate care, practical options, reliable advice and sound legal representation to  ensure you feel supported while Anumis Legal  pursues your interests in any forum, from negotiation tables to courtrooms.

For your Same-Sex Family Law Matters the Anumis Legal Dream Team is Yours

While there aren’t a lot of differences regarding family law for same sex couples compared with heterosexual couples, we’ve listed some of the more common areas of same sex family law we receive enquiries about.

Click on the boxes below to learn more.

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We Can Also Assist You With:

Name changes

Stepparents’ rights

Family Law advice

Property settlements

Filing for your divorce

Parenting arrangements

Surrogacy arrangements

Care arrangements for your children

And so much more…

For Your Complimentary Chat

Book an appointment so that we can advise you on your options regarding your Family Law needs.

Call Dr John or Nadine Love on 07 5455 6347 to book your complimentary consultation, right now.

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Does the Law Differ Between Same-Sex Couples and Heterosexual Couples When it Comes to Divorce?

The Marriage Act 1961 (Cth) defines marriage as ‘the union of two people to the exclusion of all others, voluntarily entered into for life.’ The Family Law Act 1975 (Cth) recognises same sex couples who have married, whether in Australia or overseas. Same sex couples who married in Australia after 2017, or prior to 2017, same sex couples who married overseas, are subject to the provisions of the Family Law Act 1975 (Cth) relating to married couples.

For any same sex couple who wish to get divorced, you must demonstrate that the marriage has broken down, irretrievably. There is a requirement that you have been separated from your former partner for not less than a year and you have no reasonable prospect of reconciliation.

The basis for filing an application for divorce with the court is that you must satisfy the court that:

Under section 48(3) Family Law Act 1975 (Cth), there is no reasonable likelihood of reconciliation between you

That you have lived apart and separately for a continuous period of at least twelve (12) months before your application for divorce was filed under section 48(2) Family Law Act 1975 (Cth)

If you have children, that proper arrangements have been made for the care, development, and welfare of the children of the marriage pursuant to section 55A of the Family Law Act 1975 (Cth).

If you were married before to the recognition of same sex marriage in Australia, you can count the 12-month period of separation as starting before the date that same-sex marriage became legal in Australia, provided you were married at the time and there has not been a reconciliation of more than three months.

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Our Anumis Legal Family Team

We will explain your rights and help you to move forward.

Call Nadine Love or Dr John Cronin on 07 5455 6347 or email admin@anumis.com.au for your complimentary consultation with our Noosa Marina Family Lawyers!

What Our Clients Say

Toni Collett
Toni Collett
3 months ago
Can not recommend more Highly for the Anumis Legal Services in Tewantin. Very professional people who are also down to earth. They take the time to explain (in English for the non law people) give honest advice and feedback and actioned all that needed to be done in amazing time. Thank you so much Nadine & John - you guys are amazing. I will also be verbally on recommending your firm to anyone who asks. Kindest Regards Toni C
Jason Mills
Jason Mills
3 months ago
Dr John and the whole team at Anumis legal are extremely professional but at the same time very approachable. This is the 2nd time we have used them for a commercial lease and the process has been straight forward and easy. I would not hesitate to recommend them. Bonus points for the cute dog too!
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tanya doyle
4 months ago
I used Anumis legal to buy a new business and l found both John and Nadine to be very professional, friendly, clear and upfront with everything l needed to do and know. My emails were always answered quickly. I would 100% recommend them.
D Lynn
D Lynn
4 months ago
My business has used Anumis Legal for all our business needs. We have used them for all our personal legal matters and have recommended them to friends who also have had exceptional service from all the team at Anumis. I highly recommend them for advice matters, legal document creation and other legal matters. 5 plus stars!!!!
Cheryl M
Cheryl M
3 months ago
Anumis Legal was recommended by a friend & we’re very pleased to have gone with his recommendation. Our matter was handled efficiently & resolved quickly. Thank you John, Nadine & Mira!

Meet Our Legal Team

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Dr John Cronin

Dr John Cronin holds a Master’s Degree in Business Management, a PHD in socially responsible investment, and is pursuing a further PHD in superannuation law. In his earlier engineering career, he led numerous large-scale equipment design and infrastructure development projects. A former financial and investment advisor, Dr John has a wealth of experience across banking, finance, and investment.

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Nadine Love

Nadine Love specialises in Family Law from the perspective that legal processes can and must promote wellbeing. Therapeutic Jurisprudence informs her compassionate, practical, respectful provision of legal services. In her pre-law career, Nadine devoted decades to working with groups and individuals as a therapist, mentor, trainer, and author to assist her clients to find clarity, confidence, and voice. Nadine holds a Master of Arts in Dramatherapy. In 2020, Nadine was awarded the NSW Bar Association Prize for Civil Litigation and Evidence.

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