Pride! In Family Law

Pride Month is a time to celebrate love, identity, family, and the many ways people build meaningful lives together. It is also an opportunity to reflect on how Australian family law has evolved to recognise same-sex relationships and families. While family law has not always kept pace with the diversity of modern families, Pride is a timely reminder that legal recognition matters, particularly when relationships begin, families grow, or partners separate.

Marriage Equality and the Family Law Act

When the Marriage Amendment Act 2017 passed, the Family Law Act 1975 didn’t need a major overhaul. The key change was just a small wording update, which ended up having a big symbolic and practical impact.

Before 2017, section 43(1)(a) of the Family Law Act described marriage as being between “a man and a woman”. That wording was updated so that marriage is now referred to as “the union of two people.” Importantly, same-sex spouses no longer need to rely only on the de facto relationship provisions of the Family Law Act. If they are married, they can use the same matrimonial jurisdiction that applies to all married couples.

Parenting After Separation

Parenting after separation raises many practical questions. Where will the children live? How much time will they spend with each parent? Who makes decisions about health, education and travel? What happens during holidays and special occasions?

That said, same-sex families can involve additional layers. A child may have a birth parent, non-birth parent, donor, intended parent, surrogate, or other significant person in their life. Sometimes both parents are legally recognised. Sometimes parentage is more complex, particularly where donor conception or surrogacy is involved.

A person can be a legal parent without being biologically related to the child. A biological connection does not automatically mean a person will have parental responsibility or spend time with the child.

The focus is practical and child-centred: what arrangement best supports this child? Some children thrive with shared care. Others need a primary home and regular time with the other parent. Some arrangements need to change as children grow, start school, develop their own views or need new routines.

A Narrowing Legal Gap

Since 2017, the practical gap between the legal treatment of same-sex relationships and heterosexual relationships has narrowed considerably. In many parenting and property matters, the central legal questions are now largely the same regardless of a person’s sexuality: what arrangements are in the best interests of the children, what contributions each party made, what future needs exist, and what outcome is just and equitable. While some same-sex families may still face issues around parentage, assisted reproduction, surrogacy or discrimination, the law increasingly recognises that family responsibilities, relationship breakdown and the needs of children do not depend on the gender or sexuality of the people involved.

Why Recognition Matters

Pride Month is a reminder that recognition in the law matters. For same-sex individuals and families, that recognition can shape how relationships are acknowledged, how parenting is understood, and how separation is resolved. While the legal issues can sometimes be complex, the goal remains the same: fair outcomes that reflect the reality of modern families.

How We Can Help

If you are part of an LGBTQIA+ family and have questions about parenting arrangements, separation or property settlement matters, the team at Fulcrum Family Law can help you understand your options and plan the next steps. We provide practical, respectful and inclusive advice tailored to your family’s circumstances. Please contact us to arrange a confidential appointment.