Same-Sex
Couples
Same-sex couples have the same legal rights as married couples under Australian law. We provide inclusive, experienced advice on property, parenting, and estate planning.
Since the Marriage Amendment (Definition and Religious Freedoms) Act 2017, same-sex couples in Australia have full and equal marriage rights. Whether married or in a de facto relationship, same-sex couples have the same rights as opposite-sex couples under the Family Law Act 1975 — including property settlement, parenting orders, and superannuation splitting. Knowing your rights, and having the right documents in place, is the same standard of advice every family deserves. Purcell and Purcell Pty Ltd provides that advice without judgment.
Same-sex couples services
Same-sex couples — married or de facto — are entitled to a fair division of property on separation under the Family Law Act. There is no automatic 50/50 split. The division is based on contributions and future needs. Time limits apply — married couples have 12 months from divorce; de facto couples 2 years from separation.
Property settlement — full details →Parenting orders are available to same-sex couples on the same basis as any other family. Where the parental status of one partner is complex — for example, a non-biological parent who has been the primary carer — we advise on formalising that relationship through parenting orders or a parenting plan.
Parenting plans — full details →Same-sex couples — married or de facto — can enter into a binding financial agreement setting out how assets will be divided if the relationship ends. Both parties must receive independent legal advice. A BFA provides certainty and avoids the cost and uncertainty of contested property proceedings.
Binding financial agreements — full details →Without a valid Will, your partner may not automatically inherit as you intend — particularly where family members are involved. A properly drafted Will, combined with powers of attorney, ensures your partner and family are protected. Estate planning is just as important for same-sex couples as for any other family structure.
Wills and estates — full details →A power of attorney ensures your partner can make financial and medical decisions on your behalf if you lose capacity. Without one, those decisions may default to next of kin by law — which may not recognise your partner's role. We prepare both financial and medical powers of attorney for same-sex couples.
Superannuation is treated as property under the Family Law Act and can be divided between same-sex partners on separation, in exactly the same way as for opposite-sex couples. We handle superannuation splitting as part of any property settlement — ensuring the fund trustee process is followed correctly.
Superannuation splitting — full details →The same standard.
For every family.
Every family deserves the same quality of legal advice, regardless of its structure. We work with same-sex couples — married and de facto — without judgment and without distinction.
The law provides equal rights to same-sex couples, but those rights do not always operate automatically, and they are not always equally well understood. Many same-sex couples are unaware of the time limits on property claims, or that a partner would not automatically receive their estate without a proper Will.
We take the time to understand your specific circumstances and make sure you have the advice and documents in place to protect your relationship, your assets, and your family.
Same-sex couples FAQs
Yes — completely. Since the Marriage Amendment Act 2017, same-sex marriages are recognised equally under Australian law. This means the same rights to property settlement, parenting orders, superannuation splitting, and inheritance apply. The Family Law Act 1975 applies equally to all married couples regardless of gender.
Yes. The Family Law Act allows a person who has acted as a parent to a child — including a non-biological parent — to apply for parenting orders. The court considers the nature and length of the relationship with the child and the child's best interests. In same-sex families, it is important to formalise the non-biological parent's relationship through parenting orders or a parenting plan, particularly in case the relationship ends or the biological parent dies or loses capacity.
For married same-sex couples, the intestacy rules treat a spouse the same way regardless of gender — so a spouse would generally inherit first. However, the rules become complex where there are children from other relationships or competing claims. For de facto same-sex couples, the position under intestacy is less certain and can be challenged. A properly drafted Will is always the safest way to ensure your partner receives what you intend.
For same-sex married couples, the time limit is 12 months from the date the divorce order takes effect. For same-sex de facto couples, the time limit is 2 years from the date of separation. These are strict limits — if you miss them, you may need leave of the court to file, which is not guaranteed. Seek legal advice promptly after separation to protect your rights.
Yes. Same-sex couples — whether married or de facto — can enter into a binding financial agreement before, during, or after their relationship. The same requirements apply as for any BFA: both parties must receive independent legal advice, and the agreement must meet the formal requirements of the Family Law Act 1975 to be binding. See our binding financial agreements page for full detail.
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Inclusive, experienced advice for same-sex couples — same week appointments available.