1. Same Sex Separation and Divorce
When a marriage ends, there’s usually more going on than the divorce itself.
You might already be living separately but still sharing financial commitments. You might have children together, own a home, have joint debts, or have assets built up over many years. Or maybe the separation has only just happened and you’re not sure what to do first.
Quill Legal can help you understand the divorce process without letting the paperwork distract you from the other issues that separation brings up.
Same-sex married couples are treated the same way as other married couples under Australian family law. A divorce application is about legally ending the marriage, and requires the marriage to have broken down irretrievably, shown by the required period of separation.
Divorce itself doesn’t determine how your assets are divided or automatically settle parenting arrangements.
That distinction matters.
We can advise you about:
- Separation and the date of separation
- Divorce applications
- Joint or sole divorce applications
- Separation while living under the same roof
- Arrangements concerning children
- Property and financial matters following separation
- Spousal maintenance
- Existing financial agreements
- Negotiations with your former spouse or their solicitor
- Court proceedings where necessary
There are also time limits that may apply to financial proceedings after a divorce becomes final, which is why it’s usually better to get advice early rather than assume everything can be sorted out later.
If you’re unsure where to begin, start with a conversation. We’ll help you sort the urgent issues from the background noise and work out what comes next.
2. Same Sex De Facto Relationships
A common question we hear is: “We weren’t married, so do I actually have any rights?”
The answer may well be yes.
Australian family law expressly recognises that a de facto relationship can exist between two people of the same sex.
Whether a particular relationship qualifies as de facto depends on the circumstances. There’s no single document or test that automatically decides it. Factors can include how long you were together, whether you lived together, how your finances were organised, property ownership, the degree of commitment to a shared life, whether the relationship was registered, the care of children, and how the relationship was presented publicly.
For certain financial orders following separation, a relationship of at least two years will commonly meet the relevant threshold. However, there are important exceptions, including situations involving a child of the relationship, a registered relationship, or substantial contributions where serious injustice could otherwise result.
So hearing that you “had to be together for two years” doesn’t always tell the whole story.
Quill Legal can look at your circumstances and explain whether the de facto provisions are likely to apply. If they do, we can assist with:
- Establishing the existence of a de facto relationship where it’s disputed
- Property settlement
- Division of assets and liabilities
- Superannuation
- De facto maintenance
- Financial disclosure
- Negotiation and mediation
- Consent orders
- Binding Financial Agreements
- Court proceedings
Timing matters here too. Applications for certain financial orders following the breakdown of a de facto relationship generally need to be made within two years of the relationship ending, though exceptions may be available in limited circumstances.
Don’t leave it until the deadline is approaching before finding out where you stand. An early conversation can save a lot of confusion later.
3. Property, Financial Agreements and Maintenance
Property settlement isn’t simply a matter of putting everything in the middle and splitting it in half.
Every relationship has its own financial history. One person may have entered the relationship with a home. Another may have earned most of the income while their partner took on more of the household responsibilities or care of the children. There may have been inheritances, gifts, businesses, investments, or big changes in financial circumstances along the way.
The first job is working out what actually exists. This can include:
- The family home
- Investment property
- Bank accounts and savings
- Shares and investments
- Businesses and company interests
- Trust interests
- Vehicles
- Superannuation
- Personal property
- Loans, mortgages and credit cards
- Other assets and liabilities
From there, we look at the circumstances of the relationship and each party’s contributions and future circumstances.
Changes to Australian family law that started in June 2025 also make clear that, where relevant, the economic effect of family violence can be considered in property matters.
We’d always rather help clients reach a sensible agreement without creating unnecessary conflict. Sometimes that happens through direct negotiation between lawyers, sometimes mediation helps. Where agreement is reached, we help formalise the outcome properly rather than leaving you with an informal arrangement that could cause problems later. Where there’s no realistic path to agreement, we’ll advise you about court proceedings and represent you throughout.
Binding Financial Agreements
You may already have a Binding Financial Agreement, or be considering entering into one.
These agreements can deal with property and financial matters during a relationship or if it ends. Because they can have serious consequences, both parties need to get their own independent legal advice before entering into one.
If you’ve been presented with an agreement, don’t sign it just because you feel pressured to “get it out of the way.” Let us explain what it actually means first.
Spousal or De Facto Maintenance
In some circumstances, financial support between former partners may also need to be considered.
Maintenance is different from child support, and it isn’t automatically payable after every relationship. Whether it may be available depends on factors including one party’s ability to adequately support themselves and the other party’s capacity to provide financial help.
Quill Legal can advise you whether maintenance is relevant to your circumstances and how it fits alongside the broader property settlement.
4. Parenting, Children and Family Law
For most separating parents, the children are the part that matters most. You may disagree about almost everything else and still agree that the kids shouldn’t be caught in the middle.
Australian family law focuses on the best interests of the child when parenting arrangements are being worked out. It’s not about one parent’s gender giving them a better claim than the other.
Quill Legal can assist with:
- Parenting arrangements after separation
- Parenting plans
- Consent orders
- Parenting orders
- Parental responsibility
- Where children live
- Time children spend with each parent
- Communication arrangements
- School holidays and special occasions
- Relocation disputes
- Family dispute resolution
- Urgent parenting matters
- Recovery and location matters
- Child support issues
Parenting Agreements
If you and your former partner can agree, parenting arrangements may be recorded through a parenting plan or formalised through consent orders.
The best arrangement isn’t necessarily the one with the most legal language. It’s the one that gives the child real stability, deals with the practical realities of family life, and cuts down the chance of the same arguments coming up again and again.
We can help you think through the things that are easy to forget while everyone’s focused on the immediate separation. School holidays, birthdays, travel, changeovers, communication, medical decisions, and how arrangements might need to change as a child gets older.
When Parentage Is More Complicated
Some same-sex families have an extra question to work through: who’s legally recognised as a parent?
That can need closer attention where a child was conceived using donor sperm, donor eggs, assisted reproductive treatment, or a surrogacy arrangement. Family structures don’t always fit neatly into a standard legal template, and parentage can involve both Commonwealth family law and State or Territory legislation.
That doesn’t mean a person who’s played an important parenting role has no options. It does mean the circumstances need to be properly understood before we can give advice.
Quill Legal can look at your family structure, existing documents, the circumstances around conception or birth, and any current parenting arrangements before explaining the legal options available to you.
When You Can’t Reach Agreement
Unfortunately, not every parenting dispute can be solved around a table.
Where it’s appropriate and safe, Family Dispute Resolution is often an important step before parenting proceedings are started. If agreement still isn’t possible, Quill Legal can help prepare your matter for court and advocate for arrangements that properly reflect your child’s circumstances.
We’ll also make sure you understand what’s happening along the way. Family court proceedings can feel intimidating if you’ve never been through them before. Our job is to cut through the jargon, explain each stage, and keep you focused on what actually matters.
