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Same Sex Couples Property Settlements
(FLMS) Family Lawyers & Mediation Services can Help!
Same sex couples have rights under the Family Law Act.
We often act on behalf of persons in same sex relationships.
Amendments to the Family Law Act which commenced on 1 March 2009 give property settlement rights to same sex couples as well as defacto couples where separation has occurred after that date. It is possible for parties to opt into the Family Court system by consent if separation is before that date.
If separation was before 1 March 2009, and there is no consent to opt into the Family Law Act provisions, then the rights of same sex couples are dealt with under Part 19 of the Property Law Act Qld as they were prior to the introduction of the Family Law Act amendments.
Don't forget that the Family Law Act (and for that matter the state Property Law Act) allows same sex couples to enter into financial agreements before, during and after a relationship ends. Financial agreements serve to finalised financial matters between parties, provide stamp duty exemptions on property transfers, and give certainty of how property is divided on separation in the case of co-habitation agreements made before and during relationships. Consent orders may also be made by the Family Court upon application.
We welcome enquires from same sex couples and urge you to contact us for advice when considering entering a relationship, wanting an agreement in place during a relationship and in the unfortuate event of the end of the relationship.
Call and make an appointment which can be undertaken by telephone, in person or by web based video conferencing. For $110 you will be provided with initial advice and guidance and information and assessment of your particular personal circumstances.
Phone (07) 3804 3244
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