De Facto/Same Sex

Legal Separations

De Facto/Same sex relationships

Upon the breakdown of a de facto or same sex relationship either party can seek to negotiate, mediate or litigate any property issues arising from the breakdown of their relationship.

Since March 2009 the Family Court and Federal Circuit Court have jurisdiction over de facto and same sex property matters. The considerations that the Court takes into account are the same as for married couples (save that in Western Australia superannuation splitting legislation does not apply).
Kelly & McHale Family Lawyers can provide assistance with early advice as to parties' entitlements and in negotiating an appropriate settlement. We can also assist if proceedings need to be issued to ensure a proper outcome.
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Property

Property

Following the breakdown of a marriage, an appropriate division of property is critically important to the financial future of both parties. Prompt legal advice is vital. Read More...

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Maintenance

Child Support

Following separation parties will need to consider the ongoing support of their children. Read More...

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Maintenance

Spousal Maintenance

A person has a responsibility to financially assist their spouse (including de facto and same sex partner) if the spouse's personal income or assets cannot meet their own reasonable needs. Read More...

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Legal Separations

Divorce

An application for divorce can be made by either party to a marriage or by both parties jointly, after the parties have been separated for a period of at least 12 months immediately preceding the filing of the application. Read More...