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

My case was handled by Tania Sakla, she was very professional. She knew what she was talking about and also was very courteous. My case previously was handled by another firm went on for 18 months.... When I talked to Tania she was surprised that this took so long. Tania closed my case within 2 weeks with a very favourable resultread more
sanjeet chandra
sanjeet chandra
02:48 22 Sep 21
Vincey and Dominic are some of the best property lawyers in Sydney. They gave us clear and expert advice, and supported us through a difficult negotiation process with the other party’s lawyers. I... would not hesitate to use them again, and we are so grateful for their support and assistance.read more
Yvette DH
Yvette DH
09:16 15 Sep 21
Unified Lawyers was excellent to work with and they provided great advice. They made me feel calm and comfortable, in terms of dealing with difficult people. Shout out to Donna!Thanks heaps!
Naveed Hossain
Naveed Hossain
05:56 12 Sep 21
We recently bought a new house and we really appreciated the efforts put in by Vincey and the team from Unified Lawyers ! Vincey went over and above in helping us through the whole process of buying... a house making it very easy and convenient for us. We trust her in knowledge, compassion and accessibility which helped us through the process very time efficient and worry-free. Me and my partner can't recommend Unified Lawyers enough for Conveyancing !!!read more
Wa Tun
Wa Tun
22:42 09 Sep 21
Unified Lawyers provides an outstanding level of service and professionalism. The level of diligence and attention to detail is what sets this firm apart from others. Will not hesitate in coming back... again if I ever need their services in the future.read more
Warren
Warren
03:10 20 Aug 21
What do I like about Unified? Everything! I've now used Unified for a number of legal matters, most recently property transaction, and they are always brilliant, professional and courteous. I love... Deama - she is wonderful, generous, knows her stuff inside out, and is so helpful.read more
Andrew GM
Andrew GM
02:11 17 Aug 21
I'm so thankful for the service provided by Unified Family Lawyers in regards to my family matter. Frances and Tania were exceptional in all areas - from being highly professional, empathetic,... approachable and responsive to all my legal needs. Together they obtained the optimal outcome for me and now I have my life in order. I highly recommend.read more
Kat T
Kat T
02:12 06 Aug 21
I dealt with Unified Family Lawyers due to a Family Law issue. I found this law firm to be both professional and responsive during a very difficult period in my life. One of their lawyers, Antoinette... Gauci, helped me understand the intricacies of Family Law. She explained my options clearly and this provided relief. Antoinette Gauci and the team at United Family Lawyers worked intensely on resolving my case. I cannot recommend this law firm enough.read more
Diarmuid Maguire
Diarmuid Maguire
03:17 03 Aug 21
After dreadful experiences with 2 other law firms, Taylor has been wonderful handling my debt recovery case. She worked quickly & efficiently. Her work was always professional & of a very high... standard. Taylor was also very understanding & supportive. I thoroughly recommend Unified Lawyers & will not hesitate to use them again. I can't thank Taylor enough for all she has done.read more
Yolanda Zabek
Yolanda Zabek
04:23 20 Jul 21
Put simply, do not look anywhere else for your legal needs. Vincey and Dom are fantastic lawyers. Diligent, available and willing to go above and beyond to get the outcome we wanted. We will be... clients of theirs for life.read more
Sam Mahabady
Sam Mahabady
05:59 16 Jul 21
Unified Lawyers went above and beyond in helping me secure a property purchase in this tough Sydney market. I am so grateful that they were willing to review the contract and strata documents on a... Saturday. Thanks to their quick but diligent turn-around, I was able to have the advantage of making an offer first on the property that I wanted. Even on Sunday afternoon, they answered my phone call when I had a few questions. Between the offer and settlement, the whole team at Unified Lawyers were professional, timely and friendly. Everyone was very easy to deal with and open to responding to my questions. I'd highly recommend working with them.read more
Andrew Walsh
Andrew Walsh
00:17 06 Jul 21
Taylor worked on my matter and she was amazing! The other party was very difficult, but Taylor was patient, empathic, understanding, knowledgable and very responsive.I had previously consulted with... 2 other firms but didn’t go ahead with them, as I didn’t like their dry approach. I would definitely recommend this firm and especially Taylor!read more
Theia D
Theia D
01:22 01 Jul 21

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.