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Same-sex law

Protecting your rights at the end of a relationship

Same-Sex Law

If you live in a same-sex relationship you have the same rights and obligations as any de facto couple. That means if your relationship fails, you are entitled to negotiate a property settlement and spouse maintenance provided you have a relationship as a couple living together on a genuine domestic basis. You can also make a claim if your de facto relationship was registered.

At Clancy & Triado our family law experts are here to listen to your story, assess your situation and advise you on the best course of action. As you would expect, we are also here to support you during this highly stressful time and to represent you in negotiations.


Sometimes couples dispute the legality of their same-sex de facto relationship. If you find yourself in this situation, you can seek a declaration from the Family Court. The Court will examine the nature of your relationship and consider factors such as the length of the relationship, common residency, intimacy, financial dependence or interdependence between the parties. Additionally the Court will consider use of property, mutual commitment to a shared life, care and support of children, and the reputation and public aspects of your relationship.

Rights & Obligations

If your partnership breaks down, you have the same rights and obligations as people living in an opposite-sex de facto relationship. This means you may be able to claim property settlement and spouse maintenance.  At Clancy & Triado our expert family lawyers can advise you on your financial rights and obligations and help you to negotiate the best possible outcome. It is important that you talk to us as soon as practicable after your separation because financial claims must be issued within two years of the date of separation and partners often disagree about that date.