Society has seen many positive changes in recent years with regards to our individual and collective rights and one of the most significant of them is the right for same sex couples to legally marry. However, this begs the question as to how divorce is regarded with respect to same sex marriages and this is often where a lawyer that specialises in family and divorce such as www.acceleratefamilylaw.com.au, is needed to advise or help.
The journey to where same sex couples could legally marry has been a long one, and it may surprise some to read that the right to do so was only legislated for as recently as December 2017. Until then, it was the marriage Act of 1961 that was the primary legislation that applied, and in addition, an amendment in 2004 to that act which stated that marriage was a union between a man and a woman.
The reason this amendment was added was due to couples who had legally married overseas returning to Australia, and the conflict between the legislation that existed with regards to what constituted a legal marriage and those same sex couples wanting their marriage to be legally recognised in Australia.
A major change that resolved this issue took place in December 2017, which was a further amendment to the Marriage Act, and in particular, a change in the definition of marriage. The new definition states that the union is between ‘two people to the exclusion of all others’, which obviously has no reference to which sex either of those two people is.