Family is Family. LGBTQ+ Divorce Lawyers, for when it's time to go separate ways.

Family Law

Same Sex Divorce Lawyers

Leading Family Lawyers for Same Sex Relationships

Every relationship is different. That said, same sex and LGBTQ+ unions face some extra challenges, especially around legal parentage. When a same sex marriage or same sex de facto relationship breaks down, those issues might suddenly loom large.

Our empathetic team of family lawyers have helped many gay, lesbians and LGBTQ+ couples navigate the tricky area of family law. We put diversity and equality at the heart of what we do.

With Unified Lawyers at your side, you’ll have the advice and experience you need to take the next step. Whether it’s the divorce process, property division, financial maintenance or parenting arrangements, we’re Here For You.

We utilise mediation and alternative dispute resolution to keep you out of court if we can.

We’ll work with you to find common ground and a path forward.

And if you can’t agree, we’ll go to battle for you in court.

We’ve been named one of Sydney’s top three family lawyers for the past four years running. That’s thanks to our communication skills, legal know-how and tireless advocacy for our clients.

We have been rated top three best Family Lawyers for 2017, 2018, 2019 and 2020.

Source: Threebestrated.com.au
Top 3 Family Lawyers in Sydney 2018 Award by Three Best Rated
Top 3 Family Lawyers in Sydney 2019 Award by Three Best Rated
Top 3 Family Lawyers in Sydney 2020 Award by Three Best Rated

Reviews from our Happy Clients

When looking for a family lawyer, a firm in the city asked for a large sum upfront to start with. With unified lawyers, upfront fee was reasonable and affordable for someone going through a difficult... period in their life. I was invoiced monthly as I went, which was helpful. Taylor Reardon was my lawyer and she was very friendly and easy to communicate with. She did a great job guiding me through the process and supporting me through the asset split after separation. I highly recommend unified lawyers for family law matters.read more
Geetha De Silva
Geetha De Silva
08:13 05 Jan 22
Alex and Donna are unparalleled professionals and experts in their fields. If you are going through a difficult divorce, it can be really hard to see the light at the end of the tunnel. Alex and... Donna have helped make this emotionally stressful time as easy as I think it can be with their down to earth and diligent communication. They take a lot of pride in their work and they are extremely talented and experienced. I genuinely feel like I am in very capable and caring hands. I can't be any more grateful to them and the whole Unified Family Lawyers team. If you want someone on your side, you need to speak to Alex and Donna!read more
jkravitz26
jkravitz26
02:42 22 Dec 21
Tania Skala was very knowledgeable and professional. She handled my difficult situation with ease, expert guidance and reassurance to get the best results. She responded to every email, question and... phone call in a timely manner. I found Tania and Unified Lawyers excellent.read more
Henry
Henry
06:34 09 Dec 21
During 2021 I had the pleasure of meeting and working with Antoinette Marie Gauci from Unified Family Lawyers.After meeting and consulting with more than one firm I choose to work with Antoinette... as I navigated my separation and property settlement. From the initial appointment to final settlement I found Antoinette to be informative, supportive and fair in the advise she offered . I always felt as though my best interests were being highlighted and all of my communications were answered promptly.Apart from offering exceptional service I also felt that UFA was very reasonably priced.I would highly recommend working with Unified Family Lawyers.read more
Sarah Taylor
Sarah Taylor
21:55 07 Dec 21
Thanks to Maryann and Sophia for their professional assistance in dealing with a difficult family law matter. Maryann was always upfront with the best course of action to take, and thankfully the... matter was resolved in a relative short amount of time. Much appreciate your time, efforts and understandingread more
Lilli McMorrow
Lilli McMorrow
11:43 29 Nov 21
I am so glad finally it came to an end!!. Thank you so much Taylor! you have advised me accordingly as to where I stand in my situation, and resolved my problem amicably. I was advised by many to how... solicitors over charging their clients, unfortunately, it was not with Unified Family Lawyers. They are so reasonable in terms of charges and understand their clients well. I did the right choice by engaging the right firm.Thank you 🙂read more
Sheilah Janarthanan
Sheilah Janarthanan
04:57 23 Nov 21
The whole team at Unified are professional, fast, and very thorough. They provided great advice and ensured that I understood the documents we were working through. I have used them for both buying... and selling property and they were excellent in protecting my interests in both circumstances. Couldn’t recommend more highly!read more
Emma Doyle
Emma Doyle
05:14 09 Nov 21
Many thanks to Unified Lawyers especially Antoinette who has been the one handling my case, she is very helpful answering question, very patience, and always reliable.I would so recommend Unified... Lawyers!Thanks again Antoinette, all the bestread more
devina gunawan
devina gunawan
23:40 21 Oct 21
Alex Bourne and his team were extremely professional and kind. Alex was able to achieve an outstanding result for me and his fees were extremely fair. Thank you to the whole team who treated me with... understanding. I highly recommend this company to anyone looking for reliable service.read more
Jacqueline Scully
Jacqueline Scully
06:01 20 Oct 21
Donna was an amazing help with my family court matter. Extremely helpful and helped me understand the process from start to finish.Would recommend to anyone looking for a professional and friendly... service.Thank you again Donna!read more
Sam Piuila
Sam Piuila
03:25 12 Oct 21
Thank you Deama and Stephen for helping us with our transfer. We really appreciate all your hard work and dedication. I would definitely recommend you guys to family and friends.
Michael O'Donnell
Michael O'Donnell
22:58 09 Oct 21
These are fantastic lawyers. They managed the conveyancing of my aunt's house in Sydney, while I'm in Perth. They made everything easy and responded within the hour to any queries. Do not hesitate to... use them. They offer 5 star service!read more
Susan May
Susan May
04:19 08 Oct 21
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Same Sex Divorce Lawyers

A same-sex marriage or de facto relationship usually involve the same issues as a heterosexual relationship but depending on the situation, may be a little more complex. It is important that you engage a same sex family lawyer that is sensitive, compassion and experienced. You need to ensure that you are comfortable with your family lawyer. This is why we offer all our clients with a free consultation.

Our free first consultation gives you the chance to bring us up to speed so we can tailor our advice to your circumstances. It also allows you an opportunity to talk to our same sex divorce lawyers so that you can determine whether you are comfortable with our firm representing you. Below are some questions that we’ve helped our same sex clients navigate.

How can same sex couples get a divorce?

To be granted a divorce under Australian family law, you must prove that:

  • You are legally married
  • You have been separated for at least 12 months
  • There is no hope of reconciliation.

If you’re unsure what counts as separation, or what evidence you’ll need, have a chat to one of our experienced same sex divorce lawyers.

What are my rights if I am not the biological parent of my child?

In a same-sex cisgender couple, one person will not be the biological parent to your child. In day to day life, this might make no difference at all. If you’re going through a divorce, legal parentage is a much bigger issue.

For example, if a lesbian couple approach a male friend to father their child, he may be considered the legal parent of that child. If you split, he might have to pay child support and would be able to apply for custody.

A gay male couple might use a surrogate to carry a child. The Family Law Act allows you to transfer parentage from the surrogate to the eventual parents. Unfortunately, the Act does not apply to overseas surrogacy arrangements. If you’ve used an overseas surrogate, you’ll need to apply to the court for a transfer of parentage.

Getting legal parentage sorted out is usually top of the priority list for same sex couples in these situations. If you are not recognised as a legal parent, you will need to apply for a parenting order through the Family Court. We have helped many same sex couples safeguard their rights to look after their children.

Am I in a same sex de facto relationship?

If you are not legally married, you may be in a de facto relationship. This is particularly common for gay and lesbian couples, who may have begun their relationship long before the 2017 amendments to the Family Law Act that recognised same-sex marriage.

Under Australian law, you have broadly the same rights in a de facto relationship as you would if you were formally married. You might be entitled to maintenance payments or a share of your ex’s property (and vice versa).

To decide whether a couple is in a de facto relationship, a court will look at:

  • How long the relationship has existed
  • Whether you have any children together
  • Whether you live together
  • Whether you have combined your finances and/or property

These factors are weighed differently depending on the overall context. There is no formula for deciding a de facto relationship. If you’re not sure, give us a call.

What property am I entitled to if I split from my same-sex partner?

If you are legally married or in a de facto relationship, the court will consider all of your assets, and your partners’ assets, in determining a property split.

That doesn’t mean you’ll automatically get half of everything. It depends on:

  • The length of the relationship
  • The assets you brought into the relationship
  • Your contribution to the relationship, including paid and unpaid work and child care duties.

You only have two years from separation to apply to the court for a property or maintenance order. Get in touch early so we can get the ball rolling. For more information on how we can help, click here or get in contact with us for a Free Consultation.