Australian family law treats same-sex couples and opposite-sex couples equally. Whether you are married or in a de facto relationship, the same rights and responsibilities apply to property settlement, spousal maintenance, parenting arrangements and divorce. At Bruce Dulley Family Lawyers we provide respectful, knowledgeable advice to LGBTIQ+ clients across Brisbane, and we understand both the law and the particular issues that can arise for same-sex families.
Since marriage equality became law in Australia in December 2017, same-sex couples have been able to marry, and married same-sex couples have exactly the same legal standing as any other married couple. Couples who married overseas before then have had those marriages recognised. For couples who are not married, the de facto provisions of the Family Law Act 1975 (Cth) — which have applied to same-sex couples nationally since 2009 — give the same property and maintenance entitlements as marriage, provided the relationship meets the de facto threshold.
In practical terms, this means that on separation a same-sex couple goes through the same structured process as anyone else. The asset and liability pool is identified and valued, each party's financial and non-financial contributions (including homemaking and parenting) are assessed, future needs are considered, and a just and equitable division is made. Superannuation can be split. Agreements can be formalised by Consent Orders or a Binding Financial Agreement for certainty and a clean break. If you were in a de facto relationship, remember the strict two-year time limit from separation to apply for property orders.
Parenting matters can be more layered for same-sex families, and this is where experienced advice is valuable. A child may have been born through assisted reproductive treatment, surrogacy, a co-parenting arrangement, or from a previous relationship. The central principle never changes: decisions about children are made on the basis of the child's best interests, not the gender or sexual orientation of the parents. Legal parentage, the status of a known donor, and the role of a non-biological parent are issues we can advise on carefully, so that the people who actually raise a child have the legal recognition and security they need.
We also help same-sex couples plan ahead. A Binding Financial Agreement — sometimes called a "prenup" — lets a couple decide in advance how their property would be divided if the relationship ended, which can be sensible where one partner brings significant assets, a business or children from a prior relationship into the relationship. Estate planning is equally important: making a valid will ensures your partner and chosen family are provided for and your wishes are respected.
Above all, our clients tell us they want to be heard without having to explain or justify their relationship. You will get straightforward advice, complete confidentiality, and an advocate who treats your family with the same care and seriousness as any other. We have acted for Brisbane families of every kind for more than 40 years, and we bring that depth of experience to every matter.
Whether you are separating, planning to protect assets, sorting out parenting arrangements, or simply want to understand where you stand, we can help. Every family law matter is different. The information on this page is general only and is not legal advice. To discuss your situation in confidence, request a confidential consultation with our Brisbane family law team.
Related family law topics
Many of our clients also need advice on De Facto Property Settlement , Parenting Arrangements & Children's Matters , Binding Financial Agreements and Matrimonial Property Settlement .