On 7 December 2017, an applause erupted in the House of Representatives, signalling that Australia has finally caught up to the world in marriage equality.
This is no doubt a fantastic result, and something long overdue. Whilst records of marriages are set to spike in the wake of the bill passing, what does this mean for same sex couples from an estate planning perspective?
After many twists and turns, same sex marriage is legal in Australia at last, and many couples are excitedly planning their nuptials as a result.
But what many don’t realise is that family law has its own twists and turns for same sex couples – for many involving such things as fertility and donor agreements as well as finances, parenting agreements and more.
Today, Tuesday January 9, 2018, is the first day same-sex couples can legally marry in Australia, being one month (the statutory waiting period) after the law changed on December 9, 2017.
While there’s much excitement (and many weddings) going on around Australia today, many couples are not aware that marriage usually revokes a prior will.
With the excitement of the YES vote being announced on 15 November 2017, Michael Tiyce of Tiyce & Lawyers has made headlines all around the world. From Belgium, Sweden, the United Kingdom across the Atlantic to the United States of America and across the Pacific to New Zealand, Michael Tiyce has made news.
On Sunday, 8 and Monday, 9 October Tiyce & Lawyers was more than happy to provide our space in Darlinghurst to host the second annual Australian GLBT Family Law Institute Conference.
The conference coincided with the International Bar Association Conference which was being held in Darling Harbour. The IBA conference commenced on Sunday afternoon and we were lucky enough to have a number of different solicitors and barristers from around the globe attend our office and be involved in the forum style discussions which were moderated by Australian family law specialists.
Tiyce & Lawyers is very pleased to be hosting Australia’s second LGBT Family Law Institute Conference in October 2017.
Many couples in same-sex relationships have little understanding of their rights to assets or income should they separate. Some people assume:
- they did not have any rights whereas in fact they did;
- they had to pay their ex-partner money after separation whereas in fact they did not have to;
- the whole issue of property settlements is only for ‘married people’.
Below is a general overview of property rights for same-sex couples in the event of separation.
In the quest for marriage equality, many couples are holding off taking formal steps to recognise their relationship until full marriage equality is achieved, potentially causing themselves and their loved ones untold grief.