At Empower Family Law and Mediation we take seriously the rights of the LGBTIQ+ community to receive expert advice, strategy and representation. We are members of Pride in Law, Australia’s National LGBTIQ+ Law Association dedicated to enhancing the lives of the LGBTIQA+ community.
Our Founder and Director, Stephanie Reid was actively involved in campaigning against the 2017 same-sex marriage law postal survey.
As a firm, we are committed to the elimination of discrimination against LGBTIQ+ communities and we subscribe to the UN Standards of Conduct for Business to Tackle LGBTI Discrimination.
We are experts in LGBTIQ+ family law matters.
Married and de facto couples
Following the amendment of the Marriage Act in 2017, same sex couples in Australia were given a number of legal benefits, including the right to marry. This means that same sex couples who have married either in Australia or overseas are now recognised under the Family Law Act 1975.
By extension, this means that same sex marriages are subject to the same divorce process in Australia and the same property settlement and spousal maintenance laws.
Same sex de facto couples are also extended the same legal rights and obligations as hetero-sexual de facto couples.
If you are in a de facto relationship or a marriage, your property settlement will be subject to the provisions of the Australian Family Law Act 1975. The principles we will apply to advising you on your property settlement are set out in the Australian Family Law Act 1975. We detail those principles and your settlement options on our Property Division page.
LGBTIQ domestic & family violence
Members of the LGBTIQ+ community experience intimate partner violence at least as frequently as hetero-sexuals, however evidence suggests they are less likely to recognise, report and receive appropriate supports.
For many LGBTIQ+ people there are very real barriers to accessing support in situations of domestic and family violence. Homophobia, transphobia and prejudice make it less likely that intimate partner violence will be reported and may affect the response by service providers.
At Empower Family Law and Mediation we take seriously the rights of the LGBTIQ+ community to receive expert advice, strategy and representation. We understand the harm caused by family violence and how it impacts on your ability to negotiate. If you have been subject to intimate partner violence, or you are concerned you may be at risk, contact us to discuss your options.
LGBTIQ parenting
At Empower Family Law and Mediation we recognise that every family is different, some families comprise of two mums, some have two dads, others have more than two parents or step-parents. Irrespective, the same principles apply to determining the living arrangements for children of same-sex families as do hetero-normative family structures. We detail those principles and your options on our Parenting page.
If you are thinking about starting a family, either by insemination using donor sperm or IVF, it is important to understand how the family law views parentage within these arrangements. We strongly recommend you seek advice from us on the implications on your family of your various conception options.
Navigating the post-separation world of legal and support services can overwhelming, more so for newly separated LGBTIQA+ parents who may encounter prejudice, inexperience or ignorance when accessing mainstream services. We have the experience and expertise to guide you through the post-separation maze with care and respect.
If you are separating or thinking about separation, starting a family, or separating with kids, we strongly recommend you make an appointment with us to get specific advice tailored to your circumstances.
From your very first conference with us you will know where you stand, what your options are and what to expect.
That is why your first 30-minute consultation with us is FREE.