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Family and Relationships

Same Sex Family Lawyer

Nevett Ford Lawyers Melbourne is committed to inclusive laws and access to those laws in Australia, including same-sex marriage laws, gay parenting rights, and trans recognition. We believe proudly in ensuring that the entire community has greater, more transparent access to family law services, particularly with the legalisation of gay marriage and lesbian marriage in Australia.

If you are wondering how same-sex marriage might have changed things for the LGBT community from a legal perspective, we have the answers. Whether it’s legal assistance around gay parenting that you need or an LGBTQ-friendly divorce lawyer, our team is ready to guide you through the necessary legalities and provide expert advice in a tailored and inclusive manner.

Services that we offer

We provide services to the community including same-sex prenuptial agreements for the start of relationships, as well as questions surrounding the existence of a de facto relationship, immigration, and LGBTQ parenting. Our experienced lawyers are also ready to provide legal counsel regarding gay separation, lesbian divorce, and property settlement issues.

Here are some of the services we offer in the area of LGBTQ family law:

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Same Sex Marriage

The team at Nevett Ford is committed to helping same-sex couples overcome any hurdles in order to be lawfully married under the Marriage Amendment (Definition and Religious Freedoms) Act 2017. We are also ready to assist in any other areas of family law including lesbian and gay parenting, gay couple adoption, and bisexual parenting.

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Same-Sex, Bisexual and Transgender De Facto Relationships

The recognition of same-sex marriages has led to an increasing acknowledgement of de facto relationships. This has been excellent for people re-evaluating their worth to a relationship, but has also opened up the possibility of claims on property with one’s live-in partner. Speak to us to ascertain whether you are in a de facto relationship and address any claims or obligations that may arise.

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Cohabitation or Prenuptial Agreement

If you are looking for clearly-defined property settlements in case of a separation, speak to us about drawing up a prenuptial agreement or financial binding agreement. We are also happy to talk about your access to these types of documents if you are concerned about complications due to your sexual or gender identity, including if there has been a transition before, during or after your relationship.

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Same-Sex Immigration

Spouses, the affianced, and de facto partners are just a few of the eligible applicants for bringing family members to Australia through the family migration stream. However, migration pathways for Australian visa applications in same-sex relationships can be quite complex. As the migration law changes frequently, it is important to obtain advice from one of our legal professionals before launching any visa application.

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Same-Sex Divorce

The issues and obstacles that apply to heterosexual divorce, such as property settlement and child custody, can affect gay or lesbian divorce as well. If you need a LGBT divorce, our experts are here to help you get the resolution you need. The experienced gay divorce lawyers at Nevett Ford are ready to resolve your disputes and guide you at every step of the process.

Case #1. A client came to get advice from us, and at the start of that engagement assumed that his entitlements as a partner in a long-term same sex relationship were not equivalent to or comparable to those made by parties in a long-term heterosexual relationship by virtue of the nature of the relationship. He was willing to accept a very low outcome as a result. Having received advice from us, and engaged us to act, he obtained an outcome significantly more advantageous to him, and in line with what the Family Law Act 1975 would expect for a man in his situation.

Case #2. A separated woman previously in a same sex relationship consulted us in relation to parental rights including access and parental responsibility that were being denied to her not because of a denial by the other party that there was a long term relationship or that the child had a meaningful relationship with her, but simply by nature of the woman’s role in the donor insemination, where our client was not a biological parent. As a result of some quick intervention and the intercession of the Court, the woman not spends significant and substantial time with her son.

Case #3. A trans woman consulted us about the division of her property with her girlfriend, who was insisting on using our client’s former name (which she legally changed) in correspondence, causing greater hurt and harm to our client. We ensured that the correct name was used on all documents, and assisted with ensuring that manipulative or damaging behaviour should not be tolerated simply because you are in dispute with someone.

Nevett Ford came 2nd in the 2021 ‘Champions of Pride’ awards in recognition of our commitment, both pledged and implemented, to the advancement of diversity and inclusion initiatives pertaining to legal professionals who identify as LGBTQI+

GET EXPERT ADVICE FROM NEVETT FORD

Compared to other areas of law, family law has a higher emotional stake for clients as they are dealing with current or former loved ones. In order to determine the best path forward, speak to the team at Nevett Ford. Here are a few reasons why you might wish to access our expert advice:

  • We take into account the nuances of LGBTQ family law cases in a supportive and inclusive manner.
  • Decades of experience and a wide range of service areas means we can draw on knowledge from across our firm to inform your decisions.
  • Initial fixed cost consultations, so you know where you stand before committing to a course of action.
  • Personal, tailored service that accommodates your needs and what value you will get from our service, instead of one-size-fits-all approach.
  • Speak to your lawyer with no ‘gatekeeping’ by support staff.

Get in touch with Nevett Ford today for a comprehensive legal solution.

Our Family and relationships team

Richard Hamilton
Erin Trantino
Stacey Raphael

    Contact us

    Nevett Ford Melbourne Pty Ltd

    ABN: 144 697 790

    Level 16, South Tower, Rialto Building, 525 Collins Street
    Melbourne, VIC 3000