LGBT Family Lawyers Brisbane.
Your Family Lawyers Brisbane & Sydney
Providing legal services specific to the needs of same-sex couples and families, including marriage, parenting, adoption, and relationship breakdowns.
At CG Legal, we understand the unique needs and challenges faced by the LGBT+ community when it comes to family matters.
Expert LGBT Family Lawyers Brisbane.
Are you looking for dedicated LGBT Family Lawyer in Brisbane? Look no further! At CG Legal. we understand that every family is unique and so are their legal needs. Our team of experienced family lawyers Brisbane is here to provide you with expert legal advice and LGBTI Legal Service in various areas of LGBT+ Family Law, including divorce, property settlement, child support, domestic violence, and more.
Our LGBT Family Lawyers Brisbane Services:
Divorce: Our skilled Brisbane family lawyer can guide you through the divorce process, ensuring your rights are protected and that the process is as smooth as possible.
Property Settlement: We specialise in property settlement cases, ensuring that your assets and interests are fairly and legally distributed.
Child Support: Our legal experts can assist you in establishing child support arrangements that prioritise the well-being of your children.
De Facto Relationship: If you’re in a de facto relationship and need legal advice or assistance, our team is here to help.
Same-Sex Marriage: With the legalisation of same-sex marriage in Australia, we’re committed to helping same-sex couples navigate the legal aspects of their relationships.
Family Court: Should your LGBT+ Family Law matter require court intervention, we have the experience to represent you in the Family Court and uphold your rights.
Legal Advice: We provide comprehensive legal advice tailored to your specific circumstances, ensuring you have the information you need to make informed decisions.
Family Law Act: Our experts are well-versed in the Family Law Act, ensuring your case aligns with the legal requirements.
LGBT Family Law Institute: We are proud supporters of the LGBT+ Family Law Institute, an organisation dedicated to advancing the rights of LGBT+ families in Brisbane and beyond.
When it comes to LGBT+ Family Law, we understand the unique challenges that LGBT+ individuals and families may face. We’re committed to providing a safe and supportive environment for our clients. Whether you’re seeking legal advice for a same-sex marriage, a de facto relationship, or any other family law matter, our Brisbane family lawyer are here to assist you.
At CG Legal, we stand by our values of inclusivity, diversity, and equality, ensuring that all members of the LGBT+ community have access to high-quality LGBTI Legal Service. Contact us today to discuss your family law needs and take the first step toward a fair and just resolution for your case.
We understand the unique legal needs of the LGBTQ+ community, which is why we’re proud to offer specialised services as LGBT Family Lawyers Brisbane. Our experienced team of LGBT Family Lawyers Brisbane is dedicated to providing expert legal support to ensure your rights and interests are protected.
If you have legal questions or need assistance with family law matters in Brisbane, don’t hesitate to reach out to us at CG Legal, your trusted LGBT Family Lawyers Brisbane. Our experienced team is here to provide the support and guidance you need.
Understanding LGBT+ Family Law in Australia: Rights, Challenges, and Legal Framework.
Australia’s laws in relation to lesbian, gay, bisexual, trans, intersex and queer (LGBTIQ or LGBTI+) relationships have developed in recent decades, culminating in the legalisation of same-sex marriage on 9 December 2017. As a result, LGBTIQ couples can now enjoy the same treatment under the law as heterosexual couples.
When it comes to Family Law, LGBTIQ couples encounter many of the same issues as heterosexual couples (and some unique ones). As with all Family Law matters, mediation is an extremely valuable avenue for resolving disputes, as it provides a cost-effective method for reaching resolution.
Same sex relationships have become more recognised in society and along with this same sex families have developed. We live in a day and age where sociocultural standards are constantly evolving. The unfortunate truth is that the law has failed to keep up with these changes and current laws do not afford same sex couples the exact same rights as heterosexual couples.
In the 2011 census, it was found that 12% of same sex couples have children in their family. Family disputes in same sex families are complex and can become messy, as the law does not always allow for the functional parents of children to be considered the legal parents of children. The use of assisted reproductive technologies such as donor insemination or in vitro fertilisation have further complicated this issue as only one partner will be the biological parent of the child. Legislation has been passed so that in some cases, both partners in a same sex couple are recognised as the legal parents of a child.
The legal framework
The power to legislate in the area of family law is shared between the Commonwealth and the states. While the Commonwealth governs with whom a child should live, the states have the power to legislate in areas such as adoption, surrogacy and access to assisted reproductive technologies.
Frequently Asked Questions
Yes, same-sex couples can be recognised as the legal parents of a child in certain cases. The legal recognition of parenthood in same-sex couples depends on the manner of conception. If the child is conceived through sexual intercourse, then the biological parents will generally be considered the legal parents, regardless of the gender of the individuals involved.
For example, in a same-sex couple, if a woman has sexual intercourse with a friend who has agreed to father her child, with the intention that the child will be considered the child of the same-sex couple, the biological father will still be legally recognised as the parent of the child. This legal recognition comes with responsibilities such as child support obligations.
It’s important to note that the legal framework for recognising parenthood in same-sex couples can vary by jurisdiction and may be subject to specific laws and regulations. Therefore, it’s advisable for same-sex couples to seek legal advice to understand their rights and responsibilities in their particular circumstances.
If you are not recognised as the legal parent of a child, it does not mean you have no legal rights or involvement in the child’s life. In such cases, the Family Court can still issue a parenting order in your favour. This order is made if you are considered to be a “person concerned with the care, welfare, or development of the child.”
A parenting order may address several aspects of the child’s upbringing, including:
Custody: It may specify with whom the child primarily lives.
Visitation: It can outline the time the child spends with each party.
Parental Responsibility: It may allocate parental responsibility for the child’s upbringing, such as decision-making regarding education, health, and other important matters.
Communication: The order can detail the communication a child can have with other individuals, such as grandparents or non-legal parents.
Child Support: It may determine maintenance or financial support for the child.
Other Aspects: A parenting order can address any other aspect related to the child’s care, welfare, development, and parental responsibility.
It’s important to note that while a parenting order can grant certain rights and responsibilities, it differs from being recognised as a legal parent in that it has an expiration date. Parenting orders typically expire when the child turns 18, at which point the child is considered legally independent.
For individuals in situations where legal parentage is not recognised, seeking a parenting order can be a means of securing legal rights and responsibilities concerning the child’s well-being and upbringing. It’s advisable to consult with a family law attorney to understand the specific laws and procedures relevant to your circumstances.
Yes, in many jurisdictions, the rights of individuals in same-sex de facto relationships are legally recognised and treated the same as those in heterosexual de facto relationships. This means that individuals in same-sex de facto relationships have equal rights regarding property and spousal maintenance claims, as well as parental matters. De facto relationships, regardless of the genders of the individuals involved, are often granted similar rights and responsibilities as married couples.
To be considered a de facto relationship, you typically need to have lived together on a genuine domestic basis, which is a key criterion for legal recognition. If you’re unsure about whether your relationship qualifies as a de facto relationship or if you have questions about your legal obligations, it’s advisable to consult with de facto lawyers who can provide guidance and clarify your specific situation in accordance with the laws of your jurisdiction. Understanding your legal status and rights in a de facto relationship is essential to ensure that your interests are protected.