About the Author
Alex Bourne
Yes, since December 9th, 2017, same sex marriage has been permitted in Australia after The Marriage Amendment (Definition and Religious Freedom) Bill 2017.
After many years of political tension, a controversial national postal survey and 22 unsuccessful parliamentary proposals, came to an end with this successful reformation to the bill.
Today, same sex couples have access to equal legal recognition under the Australian marriage and family law framework, with the same rights and obligations as heterosexual couples.
Let’s unpack
- The legal framework in Australia for same sex marriage
- Same sex marriage and documentation requirements
- Your legal and financial protection
- Marriage vs de facto relationships
- The process of divorce for same sex couples
Our family law specialists, at Unified Lawyers can support and protect your equal rights with our expertise in family law, can guide you through the process, represent your best interests and individual circumstances.
Legal Framework for Same Sex Marriage in Australia
Important Milestones
– Overturned Legislation 2013 :
In 2013, the Australian Capital Territory (ACT) legalised same sex marriage through territory legislation; however this was quickly overturned by the High Court.
– The Postal Vote 2017 :
In a voluntary postal survey supporting marriage equality, 61.6% of Australians voted “Yes” in 2017.
– Legislative Change :
The Federal Parliament of Australia officially passed marriage equality legislation on December 7th 2017.
Legal Support in Australia and What you Need to Know
Same Sex Marriage Process and Documentation Requirements
| Aspect | Requirement |
| Legal Definition | The “Union of two people” under Marriage Act 1961 |
| Notice Period | Minimum of 1 month between lodging Notice of Intended Marriage and Ceremony Further details on this can be found via governmental resources for the following states : NSW : Family and relationships marriage registry |
| Documentation required | Birth certificates, passports, divorce papers (if applicable) |
| Ceremony officials | Civil celebrants can marry same sex couples, under the “Consensus Bill” and religious celebrants may refuse under the “Paterson Bill” Read further information from the Human Rights Law Centre: Marriage Equality in Australia |
For any further information on family law and same sex marriage requirements you can contact our highly experienced team at Unified Lawyers.
We can help guide you through the process so you have all the facts and details required for your individual circumstances.
Legal & Financial Protection
Binding Financial Agreements for Same Sex Marriage :
- Protects pre-marital assets and your inheritances.
- Borth parties willl need to obtain independent legal advice from a family lawyer r in order for the agreement to be legally enforceable. Our lawyers can help gather the required documents, information and take you through the steps so you can effectively protect your assets.
Read more here about binding financial agreements and how we can assist you at our website.
Protections for Religion :
- Religious organisations may decline to perform ceremonies or offer support for same sex marriages.
- It is illegal for civil celebrants to discriminate against same sex couples by Australian law.
Marriage vs De Facto Relationships
| Factor | De Facto Relationship | Marriage |
|---|---|---|
| Legal Recognition | Looks at a number of factors including:
| Immediate upon registration of marriage |
| Property Claims | Can be made in the event of a separation and will consider the parties’ financial and non-financial contributions and their future needs. | Can be made in the event of a separation and will consider the parties’ financial and non-financial contributions and their future needs. |
| Separation Time Frame | The parties will only have 2 years from the date of separation to bring a claim for a financial settlement. |
|
The definition of a de facto relationship is not black and white and will look at a number of factors. Genuine domestic arrangements must be demonstrated by same sex de facto couples through shared factors like, living arrangements, finances and social recognition.
See more on how to prove a de facto relationship at our helpful online resources.
Process of Divorce for Same Sex Couples
1. Separation Period :
Your separation must be maintained for a full year.
2. Application :
You must submit a marriage certificate to the Federal Circuit and Family Court, your application should be submitted in an orderly and timely manner to begin the divorce process.
3. Property/Parenting :
You can settle any arrangements prior to finalising a divorce and once you are divorced you will only have one year to make a property claim. Our lawyers specialise in family law and can assist you with more complex situations regarding children and your property assets.
4. International marriages :
Accepted if lawfully performed overseas. You must prove that you were legitimately married and present documentation from a recognised international marriage certificate.
The procedures for filing for divorce are the same for heterosexual couples under the Family Law Act 1975, including fair and equal access to :
- Spousal maintenance claims
- Property settlement
- Procedures for parenting orders
You can read further information on marriage advice tips at our website.
How Unified Lawyers can Assist Same Sex Couples
Australia has made significant strides in marriage equality, however there are significant challenges navigating the legal system and knowing your rights.
Our professional team at Unified Lawyers can help you :
- Draft legal and financial protections
- Support you by managing separation
- Offer our expertise and legal guidance for same sex couples
- Gather documentation and apply for applications on your behalf
- Can represent you in court, if necessary
We’ll support you by safeguarding your rights, and help you meet your legal obligations under Australian law. Get in touch with our family lawyers today at Unified Lawyers.
