Navigating Divorce in Same-Sex Marriages and Civil Partnerships: What You Need to Know
At Beers Solicitors, we recognise that every family is unique. Since the legalisation of same-sex marriage came into force in 2014, thousands of couples have tied the knot in England and Wales. But just like any relationship, sadly sometimes things don’t go as planned and when a marriage ends, it’s essential to understand your legal rights and options.
This blog outlines the key points surrounding divorce for same-sex couples and offers guidance from our experienced Family Law team.
Are Divorce Laws the Same for Same-Sex Couples?
In short, yes. The Matrimonial Causes Act 1973 (amended by the Marriage (Same Sex Couples) Act 2013) ensures that same-sex marriages follow the same legal process as heterosexual ones. That means:
- You must be married for at least one year before applying.
- Divorce is now “no fault” – but must have broken down irretrievably
- The same rules and considerations apply for financial settlements and orders
- Children – issues regarding children are separate to the divorce/dissolution process
Civil Partnership
If you are in a civil partnership rather than a marriage, the legal process is called dissolution rather than divorce. The grounds and outcomes are broadly similar, but there are technical differences in terminology and procedure.
Unique Considerations for Same-Sex Couples
While the legal framework is the same, some practical issues can differ:
1. Parental Rights
Where children are involved, especially in cases of adoption, surrogacy, or where only one partner is a biological parent, it’s vital to clarify parental responsibility. The courts will always prioritise the child’s welfare, but having the right legal foundations in place or knowledge as to positions can help avoid complications.
2. Pensions
It’s worth reviewing your pension arrangements generally as part of any financial settlement and we can advise as to whether pension sharing is a valid part of your claim or your spouse/civil partner’s claim upon divorce or dissolution.
3. International Elements
If the marriage was entered into abroad, or one party lives outside the UK, jurisdiction recognition of the marriage can affect how the divorce proceeds. Also, if the divorce/dissolution takes place in this country then you may may need another certificate in order for it to be recognised abroad.
How Beers Solicitors Can Help
We understand that ending a relationship can be an emotional and uncertain time. Our Family Law team provides clear, compassionate advice tailored to your circumstances. We help with:
- Dealing with divorce or dissolution applications
- Negotiating agreements with regard to financial provision, including property, other assets, income and pensions and incorporating terms into court orders or other formal documents
- Considering issues regarding child arrangements, advising and if needed, dealing with court applications if agreements cannot be reached
It is generally a pre-requisite to issuing a court application for financial provision or for a Child Arrangements Order for there to have been a referral to a mediation organisation to explore whether agreement can be reached with the assistance of a mediator
We can also advise and prepare documents for unmarried parties and those who are not in a formal Civil Partnership or marriage to conclude financial affairs and
We can advise on matters in advance of a marriage or Civil Partnership taking place by consideration of whether a Pre-Nuptial Agreement or Pre-Civil Partnership Agreement would be sensible.
We are here to guide you through the legal process with discretion, sensitivity, and professionalism regardless of the shape your family takes.
Get Expert Advice Today
If you are considering divorce or need support ending a civil partnership, our team is here to help. Contact our Family Law specialists in Kingsbridge or Plymouth to book a confidential consultation.
Call us to learn more.
Kingsbridge: 01548 857000
Plymouth: 01752 246000
E-mail: info@beersllp.com