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Perth couple to become first in Australia to file for same-sex divorce

For many same-sex couples, Australia’s new legislation meant they could finally start a marriage but for one Perth couple, it now means they can finally end theirs.

A WA woman, who has not been named, tied the knot with her long-term partner in 2015 while holidaying in Europe where same-sex marriage laws were already legal.

But after returning home, things didn’t work out and the pair decided to separate.

While their marriage was not previously recognised under Australian law, that didn’t make it any easier for the pair to divorce.

The Perth couple had been unable to divorce following their 2015 marriage in Europe. Source: Getty
The Perth couple had been unable to divorce following their 2015 marriage in Europe. Source: Getty

As they weren’t residents of the country they married in, the women were unable to access that divorce system, prompting one of the women to seek help from lawyer Maria Loukas and barrister Teresa Farmer.

"They were very much caught with no other option (than to stay together)," barrister Teresa Farmer told the ABC.

Ms Loukas said her client had been “held back” and suffered considerable grief by being forced to stay in a marriage neither party wanted to be a part of.

"For her it's been about not being able to move on with her life," Ms Loukas added.

Legislation passed following Australia's landmark postal vote meant the Perth couple could finally divorce. Source: Getty
Legislation passed following Australia's landmark postal vote meant the Perth couple could finally divorce. Source: Getty

However, when amendments to Australia’s marriage act passed through parliament on Thursday, same-sex marriages performed overseas were instantly recognised back home.

For this Perth couple, there was a similar sense of relief, they are now finally able to file for divorce.

Ms Farmer said it was a shame that it took so long and added that “there will be a rate of failed marriages” among same-sex couples.

Earlier this year, the United Nations Human Rights Committee said that any couple's inability to divorce in Australia violated international human rights obligations.