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Written by our Family Lawyer – Andrew Foyster

 

Recent data released by the Australian Bureau of Statistics (“ABS”) recorded 6,538 same-sex marriages out of 119,188 marriages in Australia for 2018. This marks the first full year since amendments to the Marriage Act 1961 passed in 2017, which legalised same-sex marriage and provided same-sex couples access to the Australian divorce systems.

In 2018:

  1.    Same-sex marriages accounted for 5.5% of all marriages in Australia.
  2. The Australian Capital Territory recorded the highest number of same-sex marriages at 8.3% of all marriages.
  3. One-third of same-sex marriages occurred in New South Wales.
  4. Female same-sex marriages represented 57.8% of all same-sex marriages.
  5. Median duration of marriage to divorce increased to 12.3 years.
  6. 49,404 divorces were recorded in 2018 (crude rate of 2.0 divorces per 1,000 people).

With all Australian’s now being able to enter the marriage and divorce systems, we wish to emphasise the importance of considering:

  1. A Binding Financial Agreement (“Financial Agreement”) entered into as a de facto relationship will likely not survive in the event that the parties to the Agreement become married.
  2. A Financial Agreement can be entered into to safeguard the financial interests of a party to a de facto relationship or marriage.
  3. A Financial Agreement provides financial transparency between the parties and can regulate their financial arrangements throughout the relationship.
  4. A Financial Agreement to provide surety as to how the individual and joint property of the parties will be divided in the event of a separation.
  5. A Financial Agreement can be entered into at any time (before, during or after) the de fact relationship or marriage.

Andrew  provides comprehensive legal advice in all areas of family law inclusive of same-sex relationships. If you would like to know more about the divorce or Financial Agreement processes, or any other family law matter, please do not hesitate to contact Irish Bentley Lawyers on 07 3229 4060, or get in contact via the website:

 

Links for article:

ABS: https://www.abs.gov.au/ausstats/abs%40.nsf/mediareleasesbyCatalogue/118F4A846EEB21F8CA2576200025DF55?OpenDocument

Marriage Act: https://www.legislation.gov.au/Details/C2018C00441

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