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.
Francesco Turini
I wanted to take a moment to express my gratitude for the service you provided. I am very satisfied with the professionalism, friendliness, and courtesy you demonstrated throughout our interactions. It made a significant difference in addressing my concerns. Your support and guidance were invaluable, and I feel fortunate to have had you on my side. Especially Thank you to Kristine Tran, and Justin Pasqualino. Best regards, Francesco
Rasha Al-Ahmed
It was truly an honor to work with Jessica Balic during one of the most difficult and sensitive periods of my life — a highly complex international child custody case. Despite the challenges, Jessica managed the matter with remarkable professionalism, calmness, and precision. From the very first day, Jessica demonstrated exceptional dedication and genuine care for every detail of my case. She was always prepared, meticulous, and clear in explaining every legal step in a way that was easy to understand. I strongly recommend Jessica Balic to anyone dealing with a complex family or custody matter. She is a lawyer who combines professionalism, intelligence, and deep human compassion — a rare and invaluable combination in this field, Thank you Jessica for helping me get my daughter and my life back.
Rachael Belle Myers
I am truly grateful for the support and guidance I received from Diana Melas throughout my financial separation. She was calm, compassionate, and incredibly knowledgeable from start to finish. Diana explained my rights clearly, outlined all available options, and ensured I felt informed and confident in every decision I made. Diana led with both empathy and strength. I feel very fortunate to have found a lawyer who combines expertise with such kindness and professionalism. Highly Recommend.
Fiona Henderson
I engaged Unified Lawyers for a family law matter at a time when I felt confused and vulnerable. From the outset, Sophia Bechara and Louise Cassar provided clear guidance, strong support, and genuine care. I never felt alone during the process. They protected me from intimidation and helped me stand my ground with confidence. Thanks to their expertise and professionalism in family law, I achieved a fair and just outcome, the best possible result for both me and my children. I’m incredibly grateful and would highly recommend Unified Lawyers to anyone navigating a family law matter who needs both compassion and strength on their side.
Eddie Gerdak
It is without hesitation that I recommend Ms. Ryan to anyone seeking dedicated and compassionate legal representation in family law matters. I also wish to commend your firm for having someone of her calibre on your team. Her commitment to her clients and her integrity as a professional reflect extremely well on your practice. I sincerely thank Ms. Ryan for her unwavering and continued support and guidance, and I would not hesitate to recommend her services and your firm, Unified Lawyers, to future clients in need of outstanding legal representation.
Ju Moon
I received professional and efficient help with my family law matter, and I couldn’t be happier with the service. The team , especially my lawyer, Ms. Jessica O’Brien was professional, thorough, and guided me with great expertise and care. Communication was always prompt, and I consistently felt confident that my best interests were being looked after. If you’re seeking a reliable and compassionate family law firm, I highly recommend them.
Francesco Turini
I wanted to take a moment to express my gratitude for the service you provided. I am very satisfied with the professionalism, friendliness, and courtesy you demonstrated throughout our interactions. It made a significant difference in addressing my concerns. Your support and guidance were invaluable, and I feel fortunate to have had you on my side. Especially Thank you to Kristine Tran, and Justin Pasqualino. Best regards, Francesco
Rasha Al-Ahmed
It was truly an honor to work with Jessica Balic during one of the most difficult and sensitive periods of my life — a highly complex international child custody case. Despite the challenges, Jessica managed the matter with remarkable professionalism, calmness, and precision. From the very first day, Jessica demonstrated exceptional dedication and genuine care for every detail of my case. She was always prepared, meticulous, and clear in explaining every legal step in a way that was easy to understand. I strongly recommend Jessica Balic to anyone dealing with a complex family or custody matter. She is a lawyer who combines professionalism, intelligence, and deep human compassion — a rare and invaluable combination in this field, Thank you Jessica for helping me get my daughter and my life back.
Rachael Belle Myers
I am truly grateful for the support and guidance I received from Diana Melas throughout my financial separation. She was calm, compassionate, and incredibly knowledgeable from start to finish. Diana explained my rights clearly, outlined all available options, and ensured I felt informed and confident in every decision I made. Diana led with both empathy and strength. I feel very fortunate to have found a lawyer who combines expertise with such kindness and professionalism. Highly Recommend.
Fiona Henderson
I engaged Unified Lawyers for a family law matter at a time when I felt confused and vulnerable. From the outset, Sophia Bechara and Louise Cassar provided clear guidance, strong support, and genuine care. I never felt alone during the process. They protected me from intimidation and helped me stand my ground with confidence. Thanks to their expertise and professionalism in family law, I achieved a fair and just outcome, the best possible result for both me and my children. I’m incredibly grateful and would highly recommend Unified Lawyers to anyone navigating a family law matter who needs both compassion and strength on their side.
Eddie Gerdak
It is without hesitation that I recommend Ms. Ryan to anyone seeking dedicated and compassionate legal representation in family law matters. I also wish to commend your firm for having someone of her calibre on your team. Her commitment to her clients and her integrity as a professional reflect extremely well on your practice. I sincerely thank Ms. Ryan for her unwavering and continued support and guidance, and I would not hesitate to recommend her services and your firm, Unified Lawyers, to future clients in need of outstanding legal representation.
Ju Moon
I received professional and efficient help with my family law matter, and I couldn’t be happier with the service. The team , especially my lawyer, Ms. Jessica O’Brien was professional, thorough, and guided me with great expertise and care. Communication was always prompt, and I consistently felt confident that my best interests were being looked after. If you’re seeking a reliable and compassionate family law firm, I highly recommend them.
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.
