Australia to see first same-sex couple divorce under laws

  • Two women in Perth are finally able to use the law to end their marriage
  • Couple were able to marry in 2015 under legislation of a European country 
  • New law recognises same-sex couple’s eligibility to file for divorce in Australia
  • Long-awaited same-sex marriage legislation came into effect on Saturday

Two women are set to become the first couple in Australia to file for a same-sex divorce under new laws.

The couple married in 2015 at a consulate in Perth under the laws of a European country, where same-sex marriage was already legal.

However, the marriage broke down and the pair separated, before finding it difficult to divorce under Australia’s former marriage laws.

Two Perth women are set to become the first couple in Australia to file for a same-sex divorce under new laws after marrying at a European consulate in 2015 (Pictured is a mock ceremony in Victoria following a Marriage Equality rally)

One of the woman drafted solicitor Maria Loukas and barrister Teresa Farmer to find out her options and whether it was possible at all.

‘The difficulty for this particular couple was having married under legislation of a European country, they couldn’t access the divorce system in that country because they weren’t residents in that country – neither of them were,’ Ms Farmer told the ABC.

Ms Loukas said her client had reportedly been caused a great deal of anxiety and stress because of the situation as she was not ‘able to move on with her life’.

‘It’s been about not being able to tidy up the end of something to be able to start fresh somewhere else…She’s been held back in many ways,’ she said.

One of the woman drafted solicitor Maria Loukas to find out her options following their seperation and whether it was even possible to receive a divorce

Barrister Teresa Farmer said that the difficulty had come from the pair being unable o access the divorce system in that country as they weren't residents

One of the woman drafted solicitor Maria Loukas (left) and barrister Teresa Farmer (right) to find out her options and whether it was possible at all

Amendments to legislation now means the Perth couple's union is recognised in their home country - as is their eligibility to file for divorce

Amendments to legislation now means the Perth couple’s union is recognised in their home country – as is their eligibility to file for divorce

Australia’s new same-sex marriage act came into effect on Saturday, with thousands of gay couples heading to registry offices around the country to file their intention to marry.

Amendments to the legislation now mean the Perth couple’s union is recognised in their home country – as is their eligibility to file for divorce.

Ms Farmer said the pair are now ‘no different to any other married couple’.

It comes after the United Nations found Australia violated international human rights by not allowing same-sex couples wed overseas to divorce.

The decision handed down in August concerned an Australian woman who married in Canada in 2004 and was unable to be legally divorced from her partner. 

Australia's new same-sex marriage act came into effect on Saturday, with thousands of gay couples heading to registry offices around the country to file their intention to marry (Pictured are MP's celebrating the bill's passing in parliament)

Australia’s new same-sex marriage act came into effect on Saturday, with thousands of gay couples heading to registry offices around the country to file their intention to marry (Pictured are MP’s celebrating the bill’s passing in parliament)

It comes after the United Nations ruled in August that Australia violated international human rights by not allowing same-sex couples wed overseas to divorce (pictured is a couple who wed in Canbarra in 2013 when the state for a short time had recognised same-sex marriage)

It comes after the United Nations ruled in August that Australia violated international human rights by not allowing same-sex couples wed overseas to divorce (pictured is a couple who wed in Canbarra in 2013 when the state for a short time had recognised same-sex marriage)



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