Since when same-sex marriages are legalized, there is a rise in divorce too. Many can't get it going because they lose interest in their partner. While others decided to get separated due to their family and social issues. However, the process for divorce is the same for both normal and gay couples. In the case of same-sex divorce Australia, if you are residing there, the separation is more challenging then straight couple divorce. Not only it's an emotional turmoil, but also it exhausts you financially as well. You have to spend a lot of money to hire a lawyer who can significantly handle your case. Even who knows about gay divorce and knows how to deal it consequences?
Factors that made same-sex divorce quite challenging
Now same-sex marriage and divorce in Australia are same normal ones. Such as issuing the initial petition for custody and property are the same in both cases. Still, some steps made the whole procedure challenging for them. These stages include:
● Domicile:
If anyone of the spouses is not a resident of that particular state where they are living, then this can be problematic for both of the couples. At least they should get registered first if they are looking for a same-sex divorce in Australia. By registering their marriage and residency in that jurisdiction, they are allowed to file a divorce. But, it's a tedious process and requires a few months or even years to complete.
● Property Divisions:
The authorities' checks thoroughly during the distribution of property during the divorce. If you haven't paid your property taxes or not legally documented it, then the authorities would not consider property division at that point. So you have to complete tax procedure before issuing the petition for the property. Also, this procedure results in financial instability. So, it's better to complete documentation before your divorce.
● Social Security:
If you have completed ten years with your partners. Then as per the laws, the other partner will provide social security to their partner. However, this is only applicable when you have lived together for more than ten years. Also, if you are living in a particular state which doesn't know about such laws, then chances are low to get social security from your spouse.
Conclusion
In short, gay divorce is not easy to pursue. You have to get updated with the new changes in the law. So, you don't suffer further in the future. Also, while hiring an advocate, you have to research more. Because gay divorce is quite different from normal ones.
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