In December 2017, Marriage Act was amended to include same sex marriage. Since the amendment of the Act, same sex married couples have had access to the divorce system in the same way as different sex couples. For any couple to get divorced they must demonstrate that:

  • The marriage has broken down irretrievably,
  • Have been living separately for not less than a year; and
  • To have no reasonable prospect of reconciliation.

Some of the benefits of the changes in same sex marriages are:

  • Fewer hurdles in applying for a family law settlement as they only have to prove that they meet certain eligibility requirements, and were together on a ‘genuine domestic basis’;
  • Same-sex couples who were married overseas will be able to divorce in Australia; and
  • Automatic inheritance rights because couples will have the benefit of rights to their partner’s estate and superannuation in the event of the death of their partner.

Roman Lawyers have experience in dealing with matters related to same sex marriages, separations and divorces. Please contact us.

Same Sex Marriages