After same-sex marriage was made legal, marriage equality law also gave the rights of same-sex divorce. Since divorce is not an easy thing, the same-sex couple who want wants to dissolve their relationship have to go through many challenges during the process. Several complications are needed to be considered such as child custody, division of assets, financial support etc.
Because Same-Sex Marriage And Divorce in Australia are very common, both the parties need to be fully aware of the challenges they are going to face.
The length of the relationship
One of the major issues in a same-sex divorce is the duration of the relationship. If a couple was committed before they had the opportunity to legally marry, then the court will count those years in total duration of the relationship. This interface in deciding the financial matters like spousal support, assets and liabilities. This could even involve child custody, child support.
Child custody and child support
This is another complication during a same-sex divorce. If a spouse is a biological parent of the child, the custody will be given to him/her. But parents adopt a child, the court will have custody, who can meet the child's development needs and of course, the child's 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 needs such as daily needs, school expenses and extracurricular activities.
Settlement
One of the best ways to avoid these complications is to settle the divorce process outside the court. Most of the courts offer mediation, which is a less complicated method to discuss calmly, what the couple wants from the divorce. Agreeing to the settlement is the easiest and cheap method for keeping control of the complications of divorce.
However, if only one spouse is not agreeable with the settlement outside the court, it will seriously complicate the matter.
Legal support
When you are filing for same-sex divorce, first consult with a legal advisor who can help in every possible way to deal with the divorce. Many same-sex divorce lawyers offer comprehensive and cost-effective legal advice. If you are filing for Same-Sex Divorce Australia, you can find the best legal professional who helps you out to deal with complications and circumstances.
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