Breaking up is not easy, but in the case of a same-sex couple, it can be more complicated considering the legal landmines. Same-sex couples must dissolve their relationship in the same way the opposite sex couples dissolve their marriage -with a divorce. The rules for divorce process are the same in both cases. Although, the rate of same-sex divorce is half the rate of opposite-sex divorce.
If you are filing for Same-Sex Divorce Australia you can find different attorney experts in family law who are dedicated to assuring you beneficial outcomes.
Every divorce case has its own story and unique in its way, but the following are some of the guidelines or issues that will help same-sex couples seeking separation.
Duration of the relationship
The duration of a relationship is an important factor because it will decide the property distribution during divorce and it will also impact alimony. Since same-sex marriage is so recent that it is difficult to figure out the start date of the relationship. Many factors have not yet solved
Child Custody and child support
Child custody is a sensitive issue that is why the jurisdiction considers various factors like the moral values, mental fitness of parents and who among them can the child's development needs and of course the child preference is also taken into consideration
The parent who receives primary custody of the child will also be given child support payments but the amount of money depends upon the child's needs such as daily needs, school expenses, and extracurricular activities.
Alimony
Court considers many factors while awarding alimony to the spouse for example time of marriage, living standards, assets finances, etc. Generally the longer the marriage, the more chance is that alimony will be awarded to lower-earning or no earning spouse.
Residency
The problem arises when the same-sex couple who file for divorce either never live in the state where married or their relationship ends outside the state. The requirement is that at least one spouse must be the resident of a state where the case is filed.
Get legal advice
Consult with an expert attorney when you filing divorce who is cost-effective and cover all the areas of family law including same-sex divorce, property settlement, child custody, etc. Same-Sex Marriage and Divorce in Australia are common. Most passionate and legal professionals are available in this region.
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