LGBTIQA+ Same Sex Family Lawyers Melbourne

Same-sex parents can be recognised as legal parents under the Family Law Act, depending on their involvement and relationship with the child. Parenting arrangements focus on the best interests of the child, regardless of whether it’s a same-sex, LGBTIQA+ or heterosexual relationship. You may be eligible for shared or sole care of your children (child custody) and child support payments.

Yes, same-sex couples can adopt in all Australian states and territories. The Federal Circuit and Family Court of Australia will consider what is in the best interests of the child. Adoption may also include legal obligations, such as child support payments, if adopted parents separate.

If a child is born through assisted reproductive technology or surrogacy, legal parent status depends on the situation. The Family Law Act provides pathways for both partners to be recognised. It is vital to seek legal advice to ensure your parental status is secured through the proper court process.

Other financial agreements, such as binding financial agreements, should include how assets, debts, and self-managed superannuation funds are divided. To be valid, these must comply with the Family Law Act. Contact our team to chat with an Accredited Family Law Specialist or one of our friendly family lawyers in Melbourne for advice regarding your situation.

Same-sex and heterosexual relationships are treated equally under the Family Law Act, with the goal being to achieve a fair and equitable outcome after relationships break down. Whether married or in a genuine domestic basis de facto relationship, the division of property must be fair and equitable. Settlements may include real estate, investments such as shares, heirlooms and valuable collections, and superannuation (including self-managed superannuation funds).

Same-sex parents have the same child support rights and obligations as heterosexual parents under the Child Support Scheme. If you’re recognised as a legal parent, you may have child support payable or be entitled to receive child support payments. The Child Support Agency uses a formula based on income, care percentage and number of children. Seeking legal advice is always a good idea to understand your entitlements.

Yes. The Family Law Act recognises same-sex de facto relationships on a genuine domestic basis. You can apply for spousal maintenance, parenting time, child support and property settlements. Whether you were married under the Marriage Act amendment or not, you will generally still have access to the same legal services and protections as heterosexual relationships.

Yes. In Victoria, anyone experiencing domestic violence, including those in same-sex relationships, can apply for a Family Violence Intervention Order through the Magistrates’ Court. These orders protect you and other affected family members. Family violence is taken seriously, and an intervention order can affect the outcome of family law matters.