Rights for Same Sex Couples
Ferrall & Co.
Same Sex Couples
Same Sex Couples.
Frequently Asked Questions
How long do I have to apply to the Court if my partner and I are not married but we live together and are now separating?
If you are in a genuine domestic relationship and lived together for at least two years (less if you have a child or children), we advise you apply to the Court for de facto financial orders within two years of the relationship breakdown. After this two-year period, one of you will need the Court’s permission to apply out of time.
There is no limitation period on applying to the Court when it comes to parenting matters.
In order to make an Application for Divorce in Australia;
- the married couple must have been separated for at least 12 months;
- one of the parties must regard Australia as their home and intend to reside in Australia permanently;
- one of the parties must be an Australian citizen by birth, decent or grant of Australian Citizenship;
- the couple must have lived in Australia and done so for 12 months immediately before filing the application for divorce.
An application for divorce can be made by you or your spouse, or it can be made jointly. If you are making the application on your own, you will need to satisfy the Court that your spouse has been properly served and is on notice of the application.
We offer fixed fee initial consultations for these types of matters and often offer fixed fee agreements throughout the management of your case.