All of our financial agreement templates are drafted in gender-neutral language and are suitable for same-sex couples - whether you're in a de facto relationship, married, separating, or divorcing. Australian family law applies equally to all couples.
Pre-cohabitation, cohabitation, and separation agreements for same-sex de facto couples.
View template →Prenuptial, postnuptial, and separation agreements for same-sex married couples.
View template →Divorce financial agreements for same-sex couples.
View template →Parenting plans, child support agreements, and pet care arrangements.
View template →Since the Marriage Amendment (Definition and Religious Freedoms) Act 2017, same-sex couples can legally marry in Australia. Same-sex married couples have the same family law rights as heterosexual married couples.
Same-sex de facto couples have been recognised under the Family Law Act since 2009. All provisions of the Family Law Act - including BFAs, property settlement, and parenting - apply equally. There is no legal distinction between same-sex and opposite-sex couples in Australian family law.
All our templates use gender-neutral language ("Party A" and "Party B" or "the parties"). There is no need for separate "gay male" or "lesbian" versions - one template works for all couples.
This is different from some competitors who charge separately for same-sex versions. You simply fill in both parties' details - the legal content is identical regardless of gender.
Same-sex de facto couples have the same rights as opposite-sex de facto couples. You can make financial agreements under section 90UB (before the relationship), section 90UC (during the relationship), and section 90UD (after separation).
WA same-sex de facto couples use sections 205ZN, 205ZO, and 205ZP of the Family Court Act 1997 (WA).
Browse our de facto agreement templates.
Since 2017, same-sex couples can marry and access all marriage-related BFAs. Prenuptial (section 90B), postnuptial (section 90C), and separation (section 90C) agreements all apply. The same independent legal advice and execution requirements apply to all couples.
Browse our marriage agreement templates.
Same-sex couples have the same parenting rights and obligations under Australian family law. Parenting plans and parenting orders apply equally, and child support obligations are the same.
For couples who used assisted reproduction or surrogacy, parentage may need to be established - seek legal advice if parentage is unclear.
See our parenting plan template and child support agreement template.
No. All our templates are gender-neutral and work for all couples. There is no legal difference between same-sex and opposite-sex financial agreements in Australia.
No. Since the 2017 marriage equality legislation, same-sex marriages have exactly the same legal status as opposite-sex marriages under the Family Law Act.
The Family Law Act has recognised same-sex de facto relationships since 2009. For relationships that began before 2009, the Act still applies - the 2009 amendments were not retrospective for property claims but the current law applies to all de facto couples.
Yes, the same as for any couple. Both parties must receive independent legal advice from separate lawyers for a BFA to be valid.