Breaking up is such is a life-changing event and never be easy, but in the case of same-sex marriage, it seems a little complicated. Along with the right to marry the same sex person also give the right to the gay or lesbian couples to file a divorce. To file the legal divorce file application to court you will need to get in touch with the Same-Sex Marriage Divorce Lawyer Melbourne at Gay Immigration. 

The same-sex divorce cases application process is similar to the heterosexual couples. To file the application make sure that both the parties to the marriage must live separated for the period of 12 months. If your spouse didn’t have the multiple registrations for the civil unions and the domestic partnership, or you were married after your marriage equality to file the divorce case that meets all the legal applications. Different rules have different legal rules but in some of the cases, spouses need to file the case 6 months before. Applying the legal application is such a daunting task so you will need to understand specific law states. 

Same-Sex Divorce Application Procedure

We can learn more about the rights and responsibilities are given to same-sex marriage and other parties to the marriage, but now we pay particular attention to the meaning of same-sex marriage when a  relationship breaks down.

From the last few years, the people now lived in same-sex de-facto relationships that had the same legal rights as heterosexual relationships lie under the variety of the rules and territory laws. According to the federal law before marriage equality in the same-sex relationship broke down to make the application for the property settlement or maintenance: 

  • Make sure that your relationship lasts at least two years.
  • The marriage was registered under the state law of the territory. 
  • If you have a child in your relationship. 
  • Failure to get the injustice due to some of the significant contributions made by both the parties. 


These are some of the important aspects you will need to be considered while applying your divorce applications without this your legal divorce case is not enough. 

Key Considerations For Same-Sex Marriage Divorce 

Marriage breakdown is not easy it's much stressful even we can’t imagine, parties to same-sex married couples will be well aware of this. In case your relationship is breaking down and both the parties get separate the following are some of the key factors to be considered while applying your application: 

  • File the divorce case is not the same thing as finalizing the property settlement and looking for the parenting arrangements after your separation.
  • Make sure that you are only able to file the divorce application if you have been separated for at least 12 months (that includes living under the same roof). 
  • You can apply for property leveling or spouse support at any time, from long before you apply for a divorce to one year after the divorce takes effect.
  • A  divorce judgment can be filed regardless of whether both parties desire or only one desire.
  • In Australia, there is also the no-fault divorce process that means the court doesn't take some of the considerations and the circumstances surrounding the marriage breakdown. 


Not every same-sex divorce case in Australia is abusive. Some of the couples have the amicably and the going to resolve their financial matters after the difficult time of the separation with the help of Gay Immigration professionals and skilled attorneys. 

Get The Best Legal Advice From Professional At Gay Immigration 

If you’re facing some of the cruelness in your relationship and any kind of contemplating in your legal rights in the relationship, Get in touch with our professional team of Same-Sex Marriage Divorce Lawyer Melbourne to find the earliest opportunity to make sure about your rights and legal entitlements to protect your legal rights with ease.