Many couples worry about whether the law will respect their relationship and family. Until a few years ago, laws were confusing for people in same‑sex partnerships, and the rules could feel unfair. If you or your loved ones are in a committed relationship, you deserve to know your rights.

Revolance Legal understands these concerns. We stay up to date with the law and act as a strategic partner to our clients. Our lawyers provide clear advice so you can make informed decisions and feel supported. Below you will learn about rights for same‑sex couples in Australia and how our firm can assist you.

Legal Recognition and Marriage

Australia made same‑sex marriage legal on 9 December 2017. This change means couples can marry and have their relationship recognised on the same basis as heterosexual couples. The law now says that sex or gender does not affect your right to marry.

Even without marriage, couples who live together may be considered de facto partners. Same‑sex de facto relationships have many of the same rights as married couples under family law, including property settlement and partner maintenance.

Registering your relationship

Some states allow couples to register a civil partnership. Registration is not a marriage but it can be evidence of a de facto relationship. Registration can help when applying for partner visas or proving the relationship for estate planning.

Marriage and divorce

Married couples who wish to separate must follow the same process as any other married couple. You must show that the marriage has broken down and that you have been separated for at least 12 months. Revolance Legal can guide you through filing for divorce and resolving parenting or property matters.

Property And Financial Rights

Same‑sex couples have equal property and financial rights. You can:

• Own property together in joint names.
• Enter into binding financial agreements that set out how assets and debts will be divided.
• Make wills leaving property to your partner and appoint them as executor.
• Grant your partner an enduring power of attorney and enduring guardianship so they can make decisions if you lose capacity.

When a same‑sex relationship ends, property division is dealt with under the Family Law Act in the same way as for heterosexual couples. Courts consider factors such as the length of the relationship, financial and non‑financial contributions, and future needs. You generally must apply for a property settlement within two years of separation if you are de facto partners.

Financial agreements

Couples can enter into a binding financial agreement before, during or after a relationship. To be valid it must meet strict requirements, including:

Each person receives independent legal advice and a signed certificate.

The agreement covers how assets and liabilities will be divided and whether spousal maintenance is provided.

It is entered into voluntarily without fraud or undue influence.

These agreements can provide certainty and avoid court disputes. Our team drafts and reviews financial agreements to ensure compliance and protect your interests.

Parenting And Children

Same‑sex couples can raise children through adoption, surrogacy or assisted reproduction. In Australia, married couples and de facto couples have equal rights to adopt. Partners who use in‑vitro fertilisation can have both names recorded on the child’s birth certificate when certain conditions are met.

When parents separate, the best interests and safety of the child guide all decisions. Courts consider:

• Whether children are protected from family violence or harm
• The child’s views, depending on age and maturity
• The child’s relationships with parents and relatives
• Each parent’s capacity to meet the child’s needs

Aboriginal or Torres Strait Islander children have their cultural identity taken into account. Parenting arrangements can be made by agreement or through court orders. Revolance Legal helps parents negotiate practical arrangements and prepare parenting plans.

Wills And Estate Planning

Wills and powers of attorney are essential for all couples. Without a will, your partner might not receive your assets. You can:

• Prepare a will naming your partner as beneficiary and executor.
• Make a binding nomination for your superannuation. Appoint your partner as an enduring attorney and medical decision‑maker.
• Consider testamentary trusts to protect children’s inheritance.

Revolance Legal provides comprehensive estate planning tailored to same‑sex couples so your wishes are carried out.

How Revolance Legal Can Help

Our firm has experience representing same‑sex couples in property settlements, parenting disputes, estate planning and financial agreements. We act as a supportive guide while giving direct advice so you can make decisions with confidence. We will:

• Draft documents that reflect your intentions and comply with law.
• Negotiate practical solutions to reduce conflict.
• Represent you in court if agreement cannot be reached.

Frequently Asked Questions (FAQs)

Partner With a Firm That Supports You

Revolance Legal values diversity and treats every client with respect. We take pride in being a strategic partner and guide for same‑sex couples. If you need help with a relationship agreement, parenting arrangement or property settlement, call us on 02 9266 0688 or email [email protected].