De Facto & Same-Sex Relationships

In most instances, financial issues between separated de facto partners, including same-sex partners, are dealt with under the same legislative framework as married couples.

Financial issues arising from the breakdown of a de facto relationship, including same-sex relationships, are dealt with under the Family Law Act 1975(Cth)(“Act”). Whilst the legislative framework is similar as for married couples, it is not identical.

In order for a couple to satisfy the definition of a de facto relationship and invoke the jurisdiction of the Act, the couple must be living together on a genuine domestic basis. Whilst not exhaustive, circumstances which may give rise to such a finding are found within the Act and include any or all of the following:

duration of the relationship
nature and extent of the parties’ common residence (i.e. cohabitation)
existence of a sexual relationship
degree of financial dependence or interdependence (i.e. intermingling of finances)
the ownership, use and purchase of their property
care and support of any children of the relationship
public presentation of the relationship and commitment to a shared life

The Federal Circuit and Family Court of Australia has jurisdiction over post-separation parenting matters regardless of family type.

Although access to surrogacy, adoption and reproductive technology has advanced at a rapid rate, the law on recognition of parentage for same-sex couples who have children can be difficult to navigate. Our team is able to provide expert advice on the best outcome to protect the interests of the children of same-sex couples, as well as protecting the rights of the couple.

At Taussig Cherrie Fildes, our team can advise in relation to all aspects of de facto law.

Our areas of expertise include:

property settlements
child support and child support agreements
care arrangements for children
financial agreements (including prior to and during the relationship and post separation)
maintenance

Testimonials

I would like to say a huge thank you for the magic that was done yesterday. I did not dare to hope that we would reach any form of agreement with the other side, let alone one that I am actually very comfortable with. So thank you again.

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I wanted to thank you all for your support over the year, I am very grateful and happy with the outcome for the boys. This means so much to me and I know how much the boys would appreciate everything we have done for them. I feel so much better after a traumatic and stressful year, I am finally at peace with everything and have no regrets.

Testimonial 25

I'm deeply grateful for the calm and professional manner with which you have guided me.

Testimonial 24

Thank you so much for your "above and beyond" attention to this matter. I am very grateful to all of you for help to get this over the line.

Testimonial 23

You have a well-deserved reputation as being one of the leaders in the profession in the area you work in and I know that I was not an easy client to work for; but your skill and experience shone through when I was my most demanding. I will recommend you, without hesitation or reservation, to any friends and colleagues of mine who need advice in relation to Family Law matters.

Testimonial 22

You are amazing at what you do, your work ethic is exceptional and your unmatched commitment to supporting your clients is genuine. I can't thank you all enough, you have changed our life and I will never forget what you have done for us.

Testimonial 21

I just wanted to thank you all for helping me and the boys through this time and getting an amazing outcome for our family. You have been an incredible support and I couldn't have got through this without your help and guidance.

Testimonial 20

Thank you for all your work on this matter. It was an absolute comfort to have such great and competent people in my corner, and was very much appreciated.

Testimonial 19

Thank you so much for helping me through this very tough time, and hopefully aiding towards a new beginning of my life! I feel so grateful for your passion, dedication, professionalism and know that you will endeavour to have my best interests at all times.

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