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What does the ‘Yes’ vote mean for family law?

16. November 2017

Yesterday marked a significant milestone in Australian history, with the result of the Marriage Law Survey being released.  Once same-sex couples are legally able to marry there will be minor ripple effects in family law practice.

It will make property proceedings for married same‑sex couples who are separating more simplified as they will no longer have to establish that they satisfy the criteria of being in a de facto relationship.  It will also allow same‑sex couples who were married in another country to apply for a divorce in Australia once they can establish that they have been separated for the threshold time limit of 12 months.  Previously it was not possible for same‑sex couples married in another country to be granted a divorce order in Australia which created many problems.