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If a relationship has reached the stage of separation, it is important that you are aware of your rights and obligations. Often in crisis, people rely upon the advice of well-meaning friends and relatives. However, the circumstances of each person are different and the approach which should be taken will vary. Financial security in the future often depends upon the outcome of a settlement. It is important, therefore, to get the right advice early.
De Facto and Same Sex Relationships
The area of de facto relationships has been one of considerable difficulty. Due to recent changes to the law, financial issues between most non-married partners, including Same Sex partners are either governed by the Domestic Partners Property Act or Family Law Act. Before non-married persons discuss any proposal for resolution of financial issues it will be vital to obtain professional advice as to which legislation will govern the way the financial settlement is dealt with and how that legislation impacts upon the individual’s circumstances.
A property settlement is an arrangement about how you and your ex-partner divide up your assets. The same laws apply for same sex and de facto relationships. Click here for more information.
After the breakdown of a relationship, in most cases the law will treat a non-biological parent as a parent when determining arrangements for a child’s living circumstances. Click here for more.
Financial Agreements (eg ‘Pre-Nup’ agreement)
There is an increasing demand within our society for partners in a relationship to establish clear guidelines on the distribution of assets they had prior to the beginning of the relationship and that are accrued during the relationship.Click here for more.
Surrogacy and Assisted Reproductive Technology
For couples exploring alternative pregnancy options such as surrogacy, artificial insemination, in vitro fertilization (IVF) and other forms of Assisted Reproductive Technology (ART), there are many legal issues to consider. Click here for more.
Wills and Estates
If you die without a valid Will, the law determines how your assets will be distributed, and the law may not recognise your same sex partner. Click here for more.
Tindall Gask Bentley is a leading Australian family law firm, with significant experience in same sex relationship legal issues. Contact us.