A member asked over 9 years ago

Do I have the same legal rights as a married person if I am living with my same sex partner?

I am living in a defacto relationship with my same sex partner, do I have the same legal rights as a married person would?

Nick Ellis
Lawyer at Marshalls + Dent Lawyers

Dear Member,


An important first step is to determine whether your relationship would meet the minimum requirements necessary to trigger the jurisdiction of the Family Law Courts, which are that:


(a) the total period(s) of the de facto relationship is at least two years; or


(b) there is a child of the de facto relationship; or


(c) that the Applicant has made substantial contributions and the failure to allow the application would result in serious injustice to him or her.


In most cases, there is no distinction between the rights of parties to de facto relationships and the rights of parties to marriages. However, there are some differences which can have important consequences. It is not possible to identify all of those differences in this forum, but I am happy to discuss the particulars of your case with you so that I can provide you with more tailored advice.


Kind Regards,


Nick Ellis | Lawyer

marshalls + dent

nellis@mdlaw.com.au

(03) 9670 5000




Answered over 8 years ago   Legal disclaimer

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