LGBTQ+ Divorce Lawyers
Compassionate LGBTQIA Family Lawyers in Sydney Helping You Navigate Same-Sex Separation, Parenting and Property Settlements with Clarity and Care.
Same Sex Divorce Lawyers Practical Support with Respect and Understanding
Going through a same sex separation or divorce? You deserve family lawyers who understand the unique dynamics of LGBTQ+ relationships and are experienced in resolving complex matters with care.
At Unified Lawyers, our same sex divorce lawyers offer clear guidance and practical legal support in parenting arrangements, property division, and financial separation. Whether your breakup is amicable or high-conflict, we can assist with:
We take the time to understand your situation and explain your legal options in simple terms. Our priority is to help you find a fair path forward, while protecting your wellbeing and legal rights.
Ranked among the top family law firms in Sydney, we’re proud to support LGBTQ+ clients with experience, empathy and excellence.
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Why Choose a Lawyer Who Understands Same Sex Divorce?
Same sex divorces can involve unique legal and emotional complexities, especially when it comes to parenting, asset division, and recognition of overseas relationships. Choosing a family lawyer who truly understands the LGBTQ+ community makes all the difference.
With our support, you benefit from:
Sensitive and Respectful Handling: We approach every matter with empathy and confidentiality.
Experienced Representation: Our lawyers have deep experience navigating separation laws for same sex couples under the Family Law Act.
Tailored Legal Strategies: Whether your relationship was de facto or legally married, we provide guidance aligned with your circumstances.
Efficient Resolution: We aim for practical outcomes that reduce stress, legal costs, and time spent in dispute.
We stand beside you at every stage, ensuring your rights are recognised and your dignity protected.
How Does Same Sex Divorce Work in Australia?
Same sex marriage has been legally recognised in Australia since 2017, meaning the process of divorce follows the same steps as for opposite-sex couples. However, there are often added considerations around international relationships, property held overseas, or blended family structures.
At Unified Lawyers, we help you:
Clarify Legal Pathways: Understand how the law applies to your marriage or de facto separation.
Navigate Parenting Arrangements: Address care and responsibility for children from current or previous relationships.
Divide Property Fairly: Protect your financial interests with clear advice around property settlement, superannuation, and future needs.
Stay in Control: We help minimise conflict by aiming for negotiation and consent orders where possible.
We’re committed to making the process clear, fair, and respectful so you can focus on what matters most and move forward with confidence.
Our Process for Same Sex Divorce and Separation Matters
Our team gathers the necessary background on your assets, children, and living arrangements. This helps us develop a clear strategy aligned with your goals and legal entitlements.
1
Personalised Initial Consultation
We begin with a confidential session to understand your relationship history, priorities, and the legal pathway that best suits your situation under Australian family law.
2
Information Review and Strategy
We gather relevant information and discuss your rights and action plan.
3
Negotiation and Preparation
Where appropriate, we work toward a mutual agreement through respectful negotiation minimising conflict while protecting your rights. If required, we’re prepared to advocate strongly in court.
4
Resolution and Final Orders
We help formalise the outcome whether through consent orders or court proceedings to ensure your agreement is legally binding and your future is secure.
You’ll have experienced, inclusive lawyers by your side through every step.
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.
Free Consultation – Talk to a Same Sex Divorce Lawyer Today
Ending a same sex relationship or marriage can involve unique legal and emotional challenges. At Unified Lawyers, we offer a free initial consultation to help you understand your legal rights and next steps—without pressure or obligation.
600+
5 Star Reviews and Thousands of Lives Transformed
At Unified Lawyers, results matter because they matter to you. We’ve helped more than 8000+ clients across Australia resolve their family law matters with care and expertise.
Umeir Mastoi
I had my recent divorce-related matter handled by the team at Unified Lawyers, including Daniel Abraham, Eliza Harley, and Alfi. I would like to express my sincere thanks to the team for managing my case so effectively and professionally. They were thorough, responsive, and supportive throughout what was a very challenging process. I would highly recommend them to anyone dealing with a complex divorce matter.
Niegel Vaz
I cannot recommend Maneesha Zacharias from Unified Lawyers highly enough. From the very beginning, she demonstrated exceptional professionalism, knowledge, and genuine care throughout my family law matter. Maneesha took the time to clearly explain every step of the process, ensuring I felt informed and confident in all decisions being made. Her attention to detail, responsiveness, and strong advocacy truly set her apart. Thanks to her expertise and dedication, I achieved a very positive outcome, and I’m incredibly grateful for her support during what was a stressful time. If you’re looking for someone who is not only highly skilled but also compassionate and committed, Maneesha is the person you want on your side.
Michael Tabet
Professional and well resourced organisation. Family lawyer Diana Melas dealt with my parenting case in an efficient and versatile manner to get the desired outcome quickly. Diana has a broad knowledge base of the law to put any of your concerns at ease and attacks her work load with some prowess.
Ashlin Weeks
Crispian and his team were extremely helpful and reassuring during a very stressful time in my life. Their guidance, knowledge, care, clear communication and hard work not only made the process easier and calmer by them ‘in my corner’ but I am very happy with the outcome reached. I would highly recommend them to anyone in the future
Ahmad Doar
I was represented by Leen Setrak who oversaw my family law matter and although it was a difficult time for me and my family, I was satisfied with the work and ultimately the result. I was always kept up to date, the advice was always realistic and fair, and the effort to resolve the dispute was unwaivering. Thank you Leen for everything, I can be a father to my kids again.
Lillian Nettlefold
I cannot recommend Jessica Adamovich highly enough. She gives you complete confidence going into trial, which makes an incredibly stressful process feel manageable and under control. Her professionalism, knowledge, and preparation truly stands out. Beyond her expertise, she is genuinely great to get along with. She communicates clearly, keeps you informed every step of the way, and makes everything feel like a seamless transaction. You always feel supported and understood. If you’re looking for a family lawyer who is both highly competent and easy to work with, Jessica Adamovich is an excellent choice. Thanks Jess, you have, and continue to be a pleasure to work with!
Umeir Mastoi
I had my recent divorce-related matter handled by the team at Unified Lawyers, including Daniel Abraham, Eliza Harley, and Alfi. I would like to express my sincere thanks to the team for managing my case so effectively and professionally. They were thorough, responsive, and supportive throughout what was a very challenging process. I would highly recommend them to anyone dealing with a complex divorce matter.
Niegel Vaz
I cannot recommend Maneesha Zacharias from Unified Lawyers highly enough. From the very beginning, she demonstrated exceptional professionalism, knowledge, and genuine care throughout my family law matter. Maneesha took the time to clearly explain every step of the process, ensuring I felt informed and confident in all decisions being made. Her attention to detail, responsiveness, and strong advocacy truly set her apart. Thanks to her expertise and dedication, I achieved a very positive outcome, and I’m incredibly grateful for her support during what was a stressful time. If you’re looking for someone who is not only highly skilled but also compassionate and committed, Maneesha is the person you want on your side.
Michael Tabet
Professional and well resourced organisation. Family lawyer Diana Melas dealt with my parenting case in an efficient and versatile manner to get the desired outcome quickly. Diana has a broad knowledge base of the law to put any of your concerns at ease and attacks her work load with some prowess.
Ashlin Weeks
Crispian and his team were extremely helpful and reassuring during a very stressful time in my life. Their guidance, knowledge, care, clear communication and hard work not only made the process easier and calmer by them ‘in my corner’ but I am very happy with the outcome reached. I would highly recommend them to anyone in the future
Ahmad Doar
I was represented by Leen Setrak who oversaw my family law matter and although it was a difficult time for me and my family, I was satisfied with the work and ultimately the result. I was always kept up to date, the advice was always realistic and fair, and the effort to resolve the dispute was unwaivering. Thank you Leen for everything, I can be a father to my kids again.
Lillian Nettlefold
I cannot recommend Jessica Adamovich highly enough. She gives you complete confidence going into trial, which makes an incredibly stressful process feel manageable and under control. Her professionalism, knowledge, and preparation truly stands out. Beyond her expertise, she is genuinely great to get along with. She communicates clearly, keeps you informed every step of the way, and makes everything feel like a seamless transaction. You always feel supported and understood. If you’re looking for a family lawyer who is both highly competent and easy to work with, Jessica Adamovich is an excellent choice. Thanks Jess, you have, and continue to be a pleasure to work with!
Frequently Asked Questions Mediation & Family Law
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 a number of factors such as:
- How long you have lived together
- Whether you have any children together
- Whether you have combined your finances and/or property
- Whether you have made contributions to the other partners assets, whether this be financially or non-financially
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, in most cases, 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 and/or homemaking duties.
If you are in a de facto relationship, you only have two years from separation to apply to the court for a property or maintenance order.
If you are married you only have one year from the date of your divorce becoming effective 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.
Where are your same sex divorce services available?
Our family law and same sex divorce services are available to people Australia-wide. We help clients to navigate the difficult processes involved with divorces, separations and various other family law matters from all over Australia.
We have law firm locations based in Melbourne, Brisbane and Sydney too.
What are the divorce requirements of same sex couples?
Under the Australian family law system, same sex couples can be granted a divorce, as long as the following requirements have been met:
- The couple is legally married.
- The couple has been separated for at least 12 months. Learn more about separation here.
- There is no hope of reconciliation.
You can discuss your circumstances with our divorce lawyers who specialise in homosexual, gay and same-sex relationships – they can advise on a wide range of issues and concerns, including what counts as separation, property settlements and the actual divorce process.
The legal requirements of same sex divorce in Australia are the same as those for heterosexual relationships.
What other legal services are available for same sex couples at Unified?
We offer a full range of family law services for all people – whether you’re in a same sex relationship or have recently been in a same sex relationship and are going through a separation.
Our services include:
- Divorce applications
- Child custody
- Urgent applications to the family court
- Separation matters
- Financial and property settlements
- Spousal Maintenance
- Binding financial agreements
No matter your issue, relationship status or where you’re from, our experienced family law team is able to help you today.
How can I protect my assets in a same-sex relationship?
Whether you’re considering entering into a same sex relationship or you’re already involved in one, when it comes to protecting your assets, under the Australian family law system the best way to do this is to enter into a binding financial agreement.
An agreement of this kind can be entered into at any stage of a relationship, whether it is before the relationship has commenced, during the relationship, or even after you’ve already gotten married. An agreement made prior to entering into a marriage is commonly known as a prenuptial agreement.
A binding financial agreement can be used to outline how specific property and assets may be treated and/or divided in the event the relationship does end.
A binding financial agreement is not necessarily 100% watertight – however, if drafted correctly by a family lawyer who is experienced in creating these kinds of agreements can give you the best chance of protecting your assets.
You can also arrange a consultation to discuss your unique circumstances with our property settlement family lawyers and they can advise you on the best course of action.
What if we have children but I am not the biological parent of my child – what are my rights?
Family law mediation is versatile and can be used to resolve a wide array of disputes that arise during separations or divorces. This includes making arrangements for parenting, such as custody schedules and decision-making responsibilities, as well as the division of property and assets.
Mediation can also address issues of spousal support and maintenance, providing a platform for ex-partners to reach an agreement on financial obligations post-separation in a non-confrontational setting.
How does same-sex and other LGBTIQ+ relationships divorce work?
The divorce process in Australia is the same for all couples, including heterosexual and same-sex relationships.
Before you get a divorce, you must meet the requirements of being able to get a divorce, which includes:
- The couple is legally married;
- The couple have been separated for at least 12 months; and
- There is no chance of reconciliation.
If you meet these requirements, you will need to apply to the Federal Circuit and Family Court of Australia for a divorce (unless you are in Western Australia – applications are made to the Family Court of Western Australia).
Divorces can be applied for online and can be applied for jointly or one person can apply. The Australian divorce system is no fault, which means that there is no need to prove that anyone was at fault for the divorce.
There are costs associated with filing for divorce – and you can learn more about the current costs of filing for divorce here.