Although Australia is yet to recognise marriage equality for GLBTIQ couples and families, as a result of the Family Law Amendment (De-Facto Financial Matters and other Measures) Act 2008; GLBTIQ families and couples are treated as are all other de facto couples in respect of separation and the law.
Parenting arrangements for separating GLBTIQ families are decided using the same principles and laws as are applied for any other parenting cases regardless of the parents’ sexuality. Whether you are the biological parent or not, a separating GLBTIQ parent has the same standing, rights and interests as the biological parent. In deciding a parenting case what is important is the relationship between the child and the parent, not the biological parentage.
Property settlement cases for GLBTIQ couples are decided using the same principles and laws as are applied for any other de facto couples. As most states have now given their powers to the Commonwealth in respect of de facto couples the Family Law Act 1975 now applies in those states (including New South Wales). Property settlements for de facto couples under the Family Law Act 1975 are governed using virtually identical legislation as that used for married couples.
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