Divorce gay marriage
How Do You Get Divorced in a Same-Sex Marriage?
Same-sex marriage became legal in the UK in Since then, there has been an abundance of same-sex marriages — and a few divorces too.
This article will interpret the divorce process for couples in a gay marriage, including whether the upcoming ‘no-fault’ divorce process also applies to them.
What is the divorce process for same-sex couples?
The divorce process for same-sex married couples is the matching as it is for heterosexual married couples. The separation process is only different if you are in a civil partnership.
Just as with heterosexual marriages, either party in a same-sex marriage can use for a divorce on the grounds that the marriage has irretrievably broken down.
The grounds for lgbtq+ divorce are:
- Unreasonable Behaviour
- Separation for more than 2 years
- Separation for more than 5 years
- Desertion
Do no-fault divorce implement to same-sex marriages?
New no-fault divorces, which came into law in April , allow couples to fetch divorced without having to give a reason for the breakdown of
Divorce for same sex couples
Between April and June , over 15, same sex couples got married, either in a new ceremony or by converting their existing civil partnership to a same sex marriage.
The breakdown of any marriage is a sad and difficult time for all involved, but at least same sex couples now have the legal ability to divorce. Civil partnerships require a dissolution. With a same sex marriage giving the same legal rights as an other side sex marriage, surely the same should apply to divorce too.
Grounds for divorce
For the most part it does, with one vital difference &#; adultery. Whilst the primary grounds for divorce are that the marriage has irretrievably broken down, this must be proven by facts. There are five facts that can support this:
- adultery
- unreasonable behaviour
- separation for 2+ years with consent
- desertion
- separation of five years
Gay
Much has been written recently about the possibility of the law being changed so that it ceases to be necessary to allege “fault” before a divorce can be granted. The commandment applies equally to same sex marriages as it does to those between opposite sexes.
The grounds for divorce &#; the present law
As a reminder, as the law is now, a divorce can only be granted if the court is satisfied that the marriage has “irretrievably broken down”.
Proof that a marriage has reached that state has to be on one of five specific grounds which are:
- adultery
- unreasonable behaviour
- desertion
- separation for more than two years, if both parties agree
- separation for more than five years even without agreement.
This piece only deals with claims for divorce on the first stated ground, adultery.
Definition of adultery
Adultery is defined by the regulation as
“Voluntary sexual intercourse between a guy and a gal who are not married to each other but one of whom is married to someone else”.
It follows from this definition that
- Sexual intercourse between two people of the opposite sex who are mar
Since the legalisation of same-sex marriage in England and Wales in , followed by Scotland the same year and Northern Ireland in , LGBTQ+ couples include had the same legal right to marry and divorce as opposite-sex couples.
Equal Legal Grounds, Other Lived Realities
Same-sex couples now move through the same divorce or dissolution process as heterosexual couples. Since the introduction of no-fault divorce in April , either party can apply to finish the marriage without needing to assign blame. The same applies to civil partnerships.
However, while the law is now largely equivalent, the application of it can present unique issues for Diverse couples, especially where parental rights, financial disclosure, or international elements are involved.
Key Considerations in Gay Divorces
1. Parental Rights and Youngster Arrangements
Parental status is often more complex in LGBTQ+ families, particularly if children were born via surrogacy, donor conception, or from previous heterosexual relationships.
- Legal Parenthood: In cases where one partner is not the biological or legally recog
Much has been written recently about the possibility of the law being changed so that it ceases to be necessary to allege “fault” before a divorce can be granted. The commandment applies equally to same sex marriages as it does to those between opposite sexes.
The grounds for divorce &#; the present law
As a reminder, as the law is now, a divorce can only be granted if the court is satisfied that the marriage has “irretrievably broken down”.
Proof that a marriage has reached that state has to be on one of five specific grounds which are:
- adultery
- unreasonable behaviour
- desertion
- separation for more than two years, if both parties agree
- separation for more than five years even without agreement.
This piece only deals with claims for divorce on the first stated ground, adultery.
Definition of adultery
Adultery is defined by the regulation as
“Voluntary sexual intercourse between a guy and a gal who are not married to each other but one of whom is married to someone else”.
It follows from this definition that
- Sexual intercourse between two people of the opposite sex who are mar
Since the legalisation of same-sex marriage in England and Wales in , followed by Scotland the same year and Northern Ireland in , LGBTQ+ couples include had the same legal right to marry and divorce as opposite-sex couples.
Equal Legal Grounds, Other Lived Realities
Same-sex couples now move through the same divorce or dissolution process as heterosexual couples. Since the introduction of no-fault divorce in April , either party can apply to finish the marriage without needing to assign blame. The same applies to civil partnerships.
However, while the law is now largely equivalent, the application of it can present unique issues for Diverse couples, especially where parental rights, financial disclosure, or international elements are involved.
Key Considerations in Gay Divorces
1. Parental Rights and Youngster Arrangements
Parental status is often more complex in LGBTQ+ families, particularly if children were born via surrogacy, donor conception, or from previous heterosexual relationships.
- Legal Parenthood: In cases where one partner is not the biological or legally recog
- Legal Parenthood: In cases where one partner is not the biological or legally recog