Special Offer Get in Quick Property Settlements Cecil Black Mediation and Family Law Mediation Services

Special Offer Get in Quick

All family law mediation finished before 26 January 2019 reduced to $880
Contact Us today!
Conditions Apply

Property Settlements

Cecil Black can assist you at all stages of obtaining a property settlement.

Cecil Black Mediation and Family Law

Cecil Black has sensitively guided local and interstate families through the legal process for more than thirty years.

Mediation Services

We use creative problem solving in a way that you can reach your own agreement.

De Facto and Same Sex Relationships

Relationships between heterosexual and same sex couples is covered by the Family Law Act and handled in the same way that married couples are with the exception of couples in Western Australia.

Unlike claims by couples who are in a married heterosexual relationship, there are certain geographic principles that must be applied, and the periods during which a claim can be made as a matter of right following the breakdown of the relationship is different from those persons who have been involved in a de facto relationship and those persons have been involved in a heterosexual marriage relationship.

Not every person who is in a same sex relationship or heterosexual relationship has a potential claim against the other person in that relationship, and a fundamental aspect to determine is whether that relationship is covered by the legislation or not. Cecil Black can help you determine whether you have a potential claim of another person has a claim against you!

A de facto relationship can exist even if one of the persons is legally married to someone else or is in a concurrent de facto relationship or same sex relationship. Cecil Black can help you in that situation!

Broadly, the approach taken by the Courts is firstly to determine whether or not a couple in a same sex relationship or heterosexual relationship are living together on a genuine domestic basis. Sometimes, great care has to be exercised in determining whether that relationship falls within the definition under the Family Law Act, because if it does not, then a party to that de facto relationship could receive an adverse finding from a Court the effect of which is devastating to that person in unsuccessful property claim. Cecil Black will exercise that care!

Therefore, great care has to be taken in making sure that all necessary evidence is available to the Court if a person is bringing a claim where the other person is asserting that they were not living together in a genuine domestic basis in a same sex relationship or heterosexual relationship, or there is some argument as to the period during which the genuine domestic relationship occurred. Cecil Black will advise on what is the appropriate evidence!

In any claim for property, the period of the living together is an important consideration and the shorter the relationship, the more challenging it is for the party bringing the claim or the party defending the claim concerning a same sex or heterosexual relationship. Cecil Black has the experience and knowledge to guide those people through this most difficult aspect of making the claim.

Same sex couples who meet the jurisdictional and qualifying conditions set out in the Family Law Act have the same rights as heterosexual couples who are married or who are in a de facto relationship.

This area of the law relating to same sex relationships needs to be carefully understood, and the documents prepared to bring a claim for maintenance need to be carefully drawn, otherwise the result might be unfavourable. Just because persons have been in a same sex relationship which is broken down does not necessarily mean that a maintenance order going to be the outcome. This is another area in which Cecil Black can assist!


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