Marriage is a union between two people that lasts until death do you part, but more than not, this commitment lasts shorter than forever (in New Zealand, that’s 13.6 years). Countries that have legalized same-sex marriage like New Zealand, Australia or the States, also allow divorce of LGBTQ+ couples. When it comes to divorce, same-sex one can be complicated, stressful and heart-breaking, oftentimes, even more than the traditional one. In case you want to break up your LGBTQ marriage, here’s what you need to keep in mind:
Division of assets can be tricky
Same-sex marriage has been legal in NZ since 2013, and divorce as well, but that doesn’t mean everything is going smoothly on that front. The divorce process often hits many walls before everything is settled, especially when it comes to property division. For instance, if your partner bought a house, a car or anything valuable before same-sex marriage was legal and placed it under their name, there’s a possibility that you won’t have any right to this possession after the divorce. We say ‘possibility’ because every judge is different and some might take into consideration that both of you invested money into the item, and decide to divide it equally. This was just an example, but it’s very important for you to study the laws of your country or state or find somebody who specializes in law to explain things to you.
Child custody battles
In theory, the laws in LGBTQ marriage with children are the same as those in straight marriages. However, things can get a little complicated, especially considering the fact that many long-term gay families came into existence before gay marriage was made legal by law. Many couples had kids before same-sex marriage and before legal adoption rights. In that case, the non-biological partner didn’t have the opportunity to adopt, unfortunately meaning that the non-bio parent wasn’t awarded any parental rights after the divorce either, not even visitations. As a consequence, we have devastated parents and children. Also, the court still favors presumptions of traditional mother and father roles, and since marriage equality is still quite new, the court hasn’t had enough time to gain experience, which often results in unfair rulings. Any good parents will put their differences aside and put the child’s needs first, trying to work together to find the best lawyers and result for all parties involved.
Make sure to find experienced lawyers
One of the best things you can do for your LGBTQ divorce is to find a good lawyer with plenty of family and divorce experience. Australia has amazing lawyers from the best schools, so you can always go and ask for a consultation. Thanks to lawyers in Sydney CBD, thousands of people have received successful separation and divorce, and so can you. With professionals on your side from the get-go, you can get the best practical advice and finish the process quickly and effectively. Having someone in your corner will ensure everything goes according to plan, no matter if your divorce is mutual or one-sided.
Consider the no-fault option
Countries that allow same-sex marriage usually have a no-fault divorce option, or at least some form of it. This means that the parties don’t have to state the reason for their marriage falling apart, but just that both spouses want to end it. So there doesn’t have to be any misconduct, adultery or abandonment involved or disclosed. In no-fault divorces, the judge also decides on property division, custody, child support and spousal support.
Spousal support
In traditional long-term marriages, the partner that earns less or doesn’t have any income at all has the right to receive financial help from the other partner. In same-sex relationships that lasted for a long time before marriage equality was a thing, it’s questionable whether spousal support is awarded to anyone. It usually varies from case to case and judge to judge—we still need more data and experience on this.
Divorce, whichever shape it has, is stressful, but it’s good to be informed about all your options in case it comes to it. LGBTQ relationships end like any others so knowing what to do when your marriage fails can give you a lot of security.
