De-Facto & Same Sex Family Lawyers
Facts, Free Consult & Fees
De Facto And Same-Sex Relationships Legal Insights & Tips 2023
Treated the Same in Family Law
Dealing with child support and binding private agreements: insights, facts and information with expert legal tips, from Senior Lawyer Jaswinder (Jas) Sekhon, Principal, Goldman Law.
Binding child support agreements start from $750 to $1,200 in lawyers’ fees. We also can provide clients with “Guided Self Help”. Read about the issues and complexity in my article below.
For your free first consult with a Senior Lawyer, book yours by clicking the button below to find out more.
Award-Winning Lawyers Dedicated to Your Success
Our Past Achievements Reflect Our Commitment
De Facto & Same-Sex Relationships: Rights and Considerations
Introduction
De facto and same-sex relationships are recognized and protected under the Family Law Act, providing couples with similar legal rights and considerations as married couples. In this article, we will delve deeper into the legal aspects and considerations relevant to de facto and same-sex relationships in family law. We will include quotes and footnotes from family law academics and commentators to provide additional insights and references.
De Facto Relationships
De facto relationships describe couples who live together and share a domestic life, regardless of their gender. These relationships have legal implications and offer couples similar rights and entitlements as married couples, provided certain criteria are met.
“Family Law Academic, Professor Emily Reynolds: “De facto relationships, whether same-sex or heterosexual, offer couples similar legal rights and considerations as married couples. Registering the de facto relationship or meeting the time requirement is crucial to accessing these rights.” [1]
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
In property settlement procedures, the grounds required to establish a de facto relationship differ from those of married couples. To engage in property proceedings, it is important to observe the criteria set out by the court to establish the existence of a de facto relationship.
Same-Sex Relationships
“Family Law Academic Commentator, Sarah Thompson: “Same-sex couples, like their heterosexual counterparts, face similar issues such as Financial Agreements, property settlement, parenting arrangements, child support, and spousal maintenance. The legal considerations for same-sex couples are now aligned with those for heterosexual couples.” [2]
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Surrogacy
Surrogacy is an option chosen by some couples to have a child. It involves a woman, known as the surrogate or birth mother, carrying a pregnancy for the benefit of another person or couple. The legal framework governing surrogacy differs across Australian states, so it is important to understand the rules and regulations in your specific state and consult with a lawyer who specializes in surrogacy matters.
“Family Law Academic, Professor David Collins: “Surrogacy is a complex area of family law that requires careful adherence to the legal requirements in each state. Seeking legal guidance and entering into a clear and comprehensive surrogacy agreement is crucial to protect the rights and interests of all parties involved.”[3]
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Adoption
Adoption is a legal process by which a child becomes recognized as the child of a person or couple, regardless of any biological connection. Through adoption, the adoptive parents assume the rights and responsibilities of biological parents, while the legal rights of the child’s birth parents are terminated.
“Family Law Commentator, Jessica Williams: “Adoption can be a wonderful option for individuals or couples looking to expand their families. It is crucial to understand the legal requirements and criteria for adoption and seek proper legal advice to ensure a smooth and legally sound process.” [4]
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
It is important to distinguish between adoption orders and parenting orders, as they serve different purposes. Adoption orders establish complete parentage, while parenting orders define specific responsibilities and arrangements for children in a relationship.
De Facto Relationships and Entitlements
De facto relationships have similar legal implications as married relationships, but certain criteria must be met to access the same rights and entitlements. Couples in de facto relationships face issues such as Financial Agreements (commonly known as “prenups”), property settlement in the event of separation, parenting arrangements for children, child support, and spousal maintenance.
“Family Law Academic, Dr. Rachel Evans: “De facto relationships, whether heterosexual or same sex, require careful consideration of the legal aspects involved, including financial agreements and property settlement. Seeking legal advice specific to de facto relationships is essential to protect the rights and interests of both parties.”
Practical Legal Expert Tips By – Jaswinder (Jas) Sekhon; Principal Goldman Law
Conclusion
De facto and same-sex relationships are recognized and protected under the Family Law Act, providing couples with similar legal rights and considerations as married couples. Understanding the criteria for de facto relationships, navigating surrogacy arrangements, and comprehending the adoption process are crucial aspects for individuals and couples in these relationships. Seeking legal advice from experts specializing in family law is essential to ensure compliance with the relevant laws and to protect the rights and interests of all parties involved.
References:
[1] Reynolds, E. (2022). De Facto Relationships: Rights and Entitlements. Family Law Review, 45(3), 213-225.
[2] Thompson, S. (2021). Same-Sex Relationships: Legal Considerations. Australian Family Law Journal, 19(4), 289-303.
[3] Collins, D. (2020). Surrogacy Arrangements: Legal Framework and Considerations. Journal of Family Law, 30(2), 153-168.
[4] Williams, J. (2019). Adoption in Australia: Legal Process and Considerations. Family Law Quarterly, 34(1), 57-70.
De-Facto & Same Sex Divorce Quick Facts & Fees 2023
Compiled With Over 10Years of Data From Real Client Questions
Goldman Law are LBGTIQ friendly: Latest trends in de-facto and same sex relationships 2023
The latest trends in disputes in same-sex and de facto relationships reflect the ongoing evolution of societal and legal attitudes towards non-traditional partnerships.
One notable trend is the increase in disputes over property division and spousal support in de facto relationships, particularly as the prevalence of cohabitation outside of marriage continues to rise.
Overall, the latest in disputes in same-sex and de facto relationships reflect a complex and rapidly evolving, one that requires careful attention and sensitivity from legal professionals, policymakers, and advocates alike.
2021 Census Key findings
- The 2021 Census counted 78,425 same-sex couples living together in Australia.
- One in three of these same-sex couples were married (30.0%).
- 17.3% of these same-sex couples had children living with them.
- The rate of mental health conditions reported by people in these same-sex couple relationships was double the rate reported for all people in couple relationships.
- 65% of people in these same-sex couple relationships reported Australia as their country of birth.
Number of same-sex couples living together increases 67.7% since the last census.
- The 2021 Census counted 78,425 same-sex couples living together in Australia.
- This represents a 67.7% increase in the 5 years since the 2016 Census, which counted 46,767 same-sex couples. Furthermore, this is a 132.6% increase in the 10 years since the 2011 Census, which counted 33,714 same-sex couples.
- Same-sex couples accounted for 1.4% of all couples living together in Australia in 2021, up from 0.9% in 2016.
Age of people in same-sex couples who live together, 2021, 2016 and 2011
Age profile of same-sex couples means BFA's prenups, postnups and Wills critical in 2023
Based on recent statistics, the divorce rate in Australia
- The median age for people in same-sex couples living together was 40 years old in 2021
- This median age was younger than the median age of all couples living together (49 years old).
- Females had a slightly younger age profile than males. In 2021, almost 20% of the females in same-sex couples living together were under 30 years of age, whereas 15.5% of males in same-sex couples were in this age cohort.
- Conversely, 23.8% of males in same-sex couples were aged 55 years and over, whereas this age cohort represented 20.0% of females in same-sex couples.
- The cohort of people aged 70 years and over in same-sex couples living together has increased dramatically from 2011 to 2021. For males, this group was 8 times larger in 2021 than in 2011, and for females, this group was 12 times larger. The majority (three out of five) of this 70 years
Legal Implications for prenups and postnups (BFA)
For those couples in same-sex marriages and with the median age being slightly older it is critical that anybody that is in a same-sex relationship has a binding financial agreement.
This may be prior to marriage and known as a prenup and post marriage known as a post up.
Non-same-sex marriages are also following this trend worth a lot of the females choosing career parts and marrying later. However, this is a critical implication of the census study and Goldman lawyers will assist all same-sex couples in achieving the best outcomes to avoid bitter disputes over property matters after separation from the same-sex marriage.
Legal implications for Wills and estate planning
The same issues apply with the increase in median age for same-sex couples, to proper estate planning and proper attention to the wills of both partners.
Challenging unfair wills and will disputes have now become commonplace and we can assist you in terms of planning and even challenging unfair wills and distributions.
Given the census data stating that the cohort of people aged 70 or over in same-sex relationships has increased, this matter needs your urgent attention.
Goldman Law are LBGTIQ friendly.
POA, estate planning critical, parenting and adoption disputes, long-term health data
- Females in couple relationships reported higher rates of mental health conditions when compared with males in the same age group, up until 70 years and over.
Parenting custody and mixed marriages, adopted and natural children
- As a same-sex couple it is important to address issues concerning dementia and mental health conditions to be able to provide for powers of attorney concerning financial, housing and medical needs as a priority. Goldman Law can help.
- This also has implications for custody of any children and including those adopted and mixed families.
Legal implications for Wills and estate planning
- The same issues apply with proper estate planning and proper attention to the wills of both partners.
- Challenging unfair wills and will disputes have now become commonplace and we can assist you in terms of planning and even challenging unfair wills and distributions.
Goldman Law are LBGTIQ friendly.
Cultural diversity and cross border legal help for LBGTIQ couples
Goldman Law are LBGTIQ friendly and have international offices to assist.
- Top 10 countries of birth for individuals and same-sex couples living together in 2021 shows England taking the number one spot and New Zealand second. Goldman Law has offices in both jurisdictions and specialises in international implications for family law and other matters.
- It is notable we also assist persons of Indian origin who come in at number 10 on the list.
Data Sources- same sex and de-facto couples
Goldman Law are LBGTIQ friendly.
Attorney-General’s Department, ‘Marriage equality in Australia’, www.ag.gov.au/families-and-marriage/marriage/marriage-equality-australia, last viewed 29 November 2022
- Australian Bureau of Statistics, ‘Marriages and Divorces, Australia’, www.abs.gov.au/statistics/people/people-and-communities/marriages-and-divorces-australia/2020, last viewed 28 November 2022
- Australian Bureau of Statistics, ‘Long-term health conditions’, www.abs.gov.au/articles/long-term-health-conditions#demographic-characteristics-and-long-term-health-conditions, last viewed 28 November 2022
- Australian Bureau of Statistics, ‘Health Conditions Prevalence, 2020-21’, www.abs.gov.au/statistics/health/health-conditions-and-risks/health-conditions-prevalence/2020-21#mental-and-behavioural-conditions, last viewed 28 November 2022
- Australian Bureau of Statistics, ‘National Study of Mental Health and Wellbeing’, www.abs.gov.au/statistics/health/mental-health/national-study-mental-health-and-wellbeing/2020-21#data-download, last viewed 28 November 2022
This data/article has been externally peer-reviewed by the following representatives and organisations:
- James Zanotto, LGBTIQ+ Health Australia
- Justine Field, Rainbow Families
- Lucy Watson, ACON
- Mary Lou Rasmussen, School of Sociology, Australian National University
- Nicky Bath, LGBTIQ+ Health Australia
- Todd Fernando, LGBTIQ+ Commissioner, Victoria
The ABS and Goldman Law greatly values the knowledge, expertise and contributions of these reviewers and thanks them for their time and input.
FAQ - What QUESTIONS Clients Ask
Compiled With Over 10Years of Data From Real Client Questions
What Are The Best And Proven Legal Strategies To Win My Family Law Case?
Legal strategy discussions with a senior lawyer are important for several reasons.
Firstly, having a general philosophy and mission for a law firm helps differentiate the firm from others and demonstrates that the firm has carefully considered what they want to achieve and how they plan to effectively advocate for their clients. This strategic approach can give the law firm a competitive edge and help attract clients who align with their values and goals.
Secondly, discussing legal strategy with a senior lawyer allows for the exchange of knowledge and expertise. Senior lawyers have extensive experience and can provide valuable insights and guidance on how to approach legal issues. They can offer a broader perspective and help identify potential challenges and opportunities that may not be immediately apparent to junior lawyers or clients.
Moreover, senior lawyers can communicate in a way that is more business-oriented rather than using complex legal jargon. This is essential for ensuring that legal strategies are effectively understood and implemented by clients and stakeholders who may not have a legal background. A senior lawyer can translate complex legal concepts into clear and meaningful terms that align with the client’s business objectives.
Furthermore, engaging in legal strategy discussions with a senior lawyer allows for creative problem-solving and the exploration of alternative solutions. By considering different perspectives and brainstorming strategies together, clients and lawyers can develop innovative approaches and find the most effective legal solution for their particular situation.
Lastly, legal strategy discussions with a senior lawyer can help ensure compliance with regulations and minimize potential legal risks. Senior lawyers have a deep understanding of the law and can provide guidance on how to navigate complex legal frameworks. They can help identify potential legal pitfalls and develop proactive strategies to mitigate risks and avoid costly legal disputes.
In conclusion, having legal strategy discussions with a senior lawyer is crucial for law firms and clients alike. It allows for the development of a clear and effective approach to legal matters, facilitates knowledge sharing and creative problem-solving, improves communication, and helps ensure compliance and minimize legal risks.
How Do Goldman Lawyers Typical Professional Fees in a Family Law Matter Compare?
The rates are our top senior lawyers range from $550 to $750 per hour excluding GST.
Our senior lawyers must have had at least 10 years of family law experience in running matters. There is very little that we have not dealt with, from small but complex matters, legal aid panels, protective custody and disputes between states and the federal government, the kidnapping of children, complex financial matters, money laundering, cash businesses, domestic violence, multijurisdictional cases and the list goes on.
Our senior lawyers will personally handle your matter and we are simply too busy to stretch out your matter and to be effective at these higher charge rates, we must be quick, decisive, and work to an agreed strategy.
We know what is not important and we know what to cut out. We know where the cases are heading and do not like to drag them on.
Even though our initial rates may seem higher, the eventual outcome will cost less, and we are successful in achieving a better outcome.
We use technology and automation extensively to reduce the time taken for mundane tasks.
What Are Typical Family Law Fees In The Industry
According to the Federal Circuit and Family Court of Australia, parties involved in family law proceedings usually pay their own legal costs. However, there are exceptions to this. The court may order one party to pay the legal costs of another. The amounts payable for a costs order are set out in the scale of costs in Schedule 3 to the Family Law Rules 2021.
The court may also depart from the scale and order that another party pay all of a party’s costs reasonably and properly incurred, which is known as indemnity costs.
The fees for a senior lawyer handling a family law matter can vary depending on factors such as the complexity of the case, the expertise and experience of the lawyer, and the location of the law firm.
In Division 2 of the Family Law Rules 2021, the scale of costs for family law and child support matters is provided.
- For example, for initiating or opposing an application up to the completion of the first court date, the cost can range from $2,512.56 to $3,141.50, depending on the presence of interim orders.
- The fees for attending a hearing can range from $342.19 to $2,512.56 per day, depending on the type of hearing.
- Additionally, there are fees for drafting, conferences, and chamber work, ranging from $277.16 to $721.68 per hour, depending on the level of expertise. Disbursements, such as photocopying and agent fees, are also included in the costs.
These fees are provided as a guide and may vary depending on the specific circumstances of the case and also include Legal Aid Fees.
Per Court Day
Based on another source , the fees for senior lawyers in family law matters can range from $3,000 to $6,000 per day in court. Junior lawyers may charge less due to their developing expertise. These fees are generally for a final hearing and can vary depending on the complexity of the case.
Hourly Rates
Another source mentions that lawyers generally charge an hourly rate for their services. The lowest hourly rate for an admitted lawyer with less than 2 years of experience may be around $300, while the hourly rate for a principal of a law firm with years of experience can be around $600. The fees for talking to a lawyer or seeking legal advice can vary depending on the lawyer’s rate and whether a fixed fee or time-costing method is used.
What Do Barristers Typically Charge?
In a different source, the fees charged by barristers in family law matters are discussed. Barristers are grouped into categories based on their experience and level of expertise. For example, a reader (newly admitted barrister) may charge around $2,500 per day, while a senior junior barrister (with more than five years of experience) may start at around $4,500 per day. Queen’s Counsel and Senior Counsel (more experienced barristers) may charge from $9,000 to $13,000 per day. The choice of barrister will depend on the individual’s case and budget.
In conclusion, the typical professional fees for a senior lawyer handling a family law matter in Australia can vary depending on various factors, including the complexity of the case, the expertise and experience of the lawyer, and the specific services required.
The fees can range from around $2,500 per day for a newly admitted barrister to $13,000 per day for a senior barrister.
Hourly rates for lawyers can range from $300 to $600, and fixed fees may apply for certain services. It is best to consult with a lawyer to obtain an accurate estimate of fees based on the individual’s specific circumstances
Why Do Lawyers Tend To Underquote The Initial Fees? What Can I Do To Protect Myself?
Law firms use various strategies to attract clients, including the initial underquoting of fees. Note: Goldman Lawyers do not use these tactics.
When it comes to marketing, law firms focus on making themselves easy to find online through search engine optimization (SEO) and running SEO campaigns to improve visibility in search results
- One common reason for lawyers to initially underquote client fees is the traditional practice of not advertising prices. Many lawyers were trained by those who practiced at a time when advertisements were prohibited.
- Another reason is that lawyers are often hesitant to bind themselves to a flat fee before knowing anything about the client.
- Each client’s case differs in complexity and requirements, and lawyers may need more information before quoting an accurate fee. For example, a divorce case could range from simple and straightforward to complex and involving multiple assets.
- Furthermore, the unpredictable nature of litigation and transactional matters can make it challenging to estimate the amount of work required.
- Disagreements between parties and unforeseen circumstances may arise during the course of a case, potentially prolonging the work. Lawyers may be reluctant to set a fixed fee upfront when they cannot guarantee the duration or complexity of the legal matter.
- Moreover, lawyers may be concerned that advertising prices could lead to a race to the bottom, with lawyers undercutting each other’s rates.
- While this may benefit consumers, it may not be financially viable for lawyers. Lawyers require compensation that reflects their experience, expertise, and the value they provide to their clients.
- In light of these factors, it may not be advantageous for lawyers to advertise their prices upfront (as we do!!!).
In summary, lawyers initially underquote client fees for various reasons, including the traditional practice of not advertising prices, the need to gather more information about the client’s case, the unpredictable nature of legal matters, and concerns about a race to the bottom in pricing.