What will my gay divorce lawyer do?

Courtney KimLegal System

Gay divorce lawyer

Filing for an annulment is often a stressful time as individuals now have to worry about their own finances and assets without the support and combined wealth of their partner. A gay divorce lawyer in Sydney is likely to provide support and the professional legal advice to help you get through with a successful outcome.

The recent legalisation of same sex marriage has granted those same sex couples the same legal marriage and relationship rights as heterosexual couples. This of course opens up an array of legal matters and potential legal issues and that is where a gay divorce lawyer comes in.

There are a few legal restrictions when it comes to legally separating from your partner as the state wants every marriage to be worked through and continued. Thus, in order to successfully legally separate from your partner there must be no reasonable grounds for which the relationship can be recovered.

The couple must satisfy the following conditions to file for legal separation and hence require a gay divorce lawyer;

  • The separation of the couple is long term and permanent
  • Both individuals must have been separated for at least 12 months before an official application can be filed
  • The couple must prove that they are no longer participating in a functional relationship
  • Same sex couples have access to the Australia family legal system, and a gay divorce lawyer, regardless of when the marriage was affirmed.

Once you have satisfied the requirements of filing for annulment, your gay divorce lawyer will inform you of the application process and the subsequent hearing. It is here that the court will re-evaluate the circumstances for the annulment.

The initial hearing does not deal with any of the settlement of property or child custody as this is required to be conducted during a separate case.

On top of this, there are a few things that you need to consider before filing for an annulment and hiring a gay divorce lawyer;

  • In Australia, there is no rule that states there is ‘no fault divorce’ which essentially means that the legal system does not take into account the circumstances leading to the separation of the couple. For example, should one of the partners commit infidelity, the court will not consider this in granting the annulment.
  • There is a requirement that the separation is clearly communicated between partners so that it is evident that you are no longer together.
  • The living arrangements of children under the age of 18 needs to be satisfactory before the court can approve the order. Proceedings of custody etc. can begin immediately after separation. For this case, a gay divorce lawyer will be suitable as they have knowledge in family legal matters.
  • Property is similar to the children aspect in that the settlement can be conducted as soon as separation has been finalised by the couple. An alternative solicitor may be necessary in this instance in order to ensure they have the required knowledge.
  • Prenuptial agreements can be set aside if they are not equitable or the couples’ financial circumstances have changed.

Having a gay divorce lawyer advise you along the way is important for not only the legal proceedings but your own wellbeing also. A professional that has experience in the field is likely to reduce the stress that can often weigh people down at this time and instil confidence that everything is going to be ok.

Ultimately, a gay divorce lawyer is there for you and can inform you of the requirements for the annulment proceedings and also the appropriate courses of action when it comes to children and property. You want to make sure that the result of the case is fair and just and therefore having a professional by your side can go a long way to making this happen.