Legal advice for same sex couples

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Legal advice for same sex couples


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Old 02-17-2010, 12:12 PM
 
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Legal advice for same sex couples

Hi All!

I am an Australian citizen and my partner Japanese, we currently both live in Toyko and will be moving home to Sydney in May. We have just been approved a partner visa (Thank god!!) and are now just planning our return to Sydney.

I was hoping that someone with a bit of information could answer some questions of mine or a bit of advice would be a great help also!

My question is what sort of legal advice should we get sorted out in Australia? What rights are we entitled to as a same-sex couple? Eg If something were to happen we would both be set up accordingly and would not have to worry.

I know it will be best to visit a lawyer but just aksing around as am not quite sure in which direction to go and was hoping someone could point me the right way!

Thanks for your time!!

Mitch


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Old 02-18-2010, 02:48 AM
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Quote:
Originally Posted by MitchellTokyo View Post
Hi All!

I am an Australian citizen and my partner Japanese, we currently both live in Toyko and will be moving home to Sydney in May. We have just been approved a partner visa (Thank god!!) and are now just planning our return to Sydney.

I was hoping that someone with a bit of information could answer some questions of mine or a bit of advice would be a great help also!

My question is what sort of legal advice should we get sorted out in Australia? What rights are we entitled to as a same-sex couple? Eg If something were to happen we would both be set up accordingly and would not have to worry.

I know it will be best to visit a lawyer but just aksing around as am not quite sure in which direction to go and was hoping someone could point me the right way!

Thanks for your time!!

Mitch
Hi Mitch and welcome to the forum and back to Oz imminently.
Congrats on you and your partner getting the visa and I'm neither a legally qualified person nor keep too close an eye on all legal matters but I do recall a few years back there was in the media reports on discrimination for not just ss couples but defactos generally re superannuation entitlements as compared with married couples.

Not totally sure but I think we've moved forward from there and the latest immigration regulations and some state/territory relationship registration [RR] legislation may be an indicator of that, ie.

You may have noted when doing your partner visa application that whereas a married couple is waived from having a 12 months relationship [ though some evidence of a relationship and commitment is still required ], defacto partners are required to show it, though that is now waived for people from states/territories that have the RR legislation in place, that being ACT, Victoria and Tasmania as at the date of the Immi regulation introduction, 09November09.

I'd reckon that before you see about seeing a solicitor, if you go exploring various federal and state government departments you ought to be able to find references to any applicable legislation in place.





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Old 02-21-2010, 04:43 AM
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Hi Mitch

Although you state you and your partner have already had your de-facto partnership "approved" for returning back to Oz (congratulations!), although it's primarily concerned with those applying for de-facto visas, glitf have bits and pieces about the legal issues facing same-sex couples. Have a trawl through the website - you might find some info which is relevant. Hope that helps.


Last edited by Joolz; 02-21-2010 at 04:44 AM. Reason: crap link!

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