Same sex divorce and marriage lawyers

Our team of experienced family law solicitors are dedicated to providing tailored legal advice and support to individuals in same-sex relationships who are going through a divorce or other family law related issues.

Our same sex divorce solicitors understand that same-sex relationships can face unique challenges when it comes to divorce and that’s why we are committed to helping our clients navigate the legal complexities of same-sex divorce and other legal issues with sensitivity and understanding.

The end of a relationship is a difficult time, but it is important not to rush into decisions. The right legal advice can help protect your rights whether you have been living together, have a cohabitation agreement or are in a civil partnership or married. As one of the leading family and divorce law firms in the south of England, we can help you with informed, practical advice and the reassurance of many years’ experience in handling these delicate matters.

The law has now generally adapted to take account of same sex relationships, which means that if your relationship breaks down, many of the legal aspects about divorce and separation now apply to same sex relationships too. It depends on how formalised your relationship is, whether you are simply living together, have made a cohabitation agreement, are in a civil partnership or are married.

Expert family lawyers

Whatever your arrangement, the end of a relationship can be a painful time. It may be difficult to think clearly, but it is important not to rush into decisions, only to regret them later. This is where professional assistance from an expert in same sex family law can help. By discussing your situation and discovering the outcome you want, experienced same sex family lawyers will be able to suggest the right course of action to protect your interests, particularly where jointly owned property or assets are concerned.

Our family law and expert same sex relationship lawyers have wide experience of helping couples through the ordeal of a relationship breakdown. We will provide pragmatic, reassuring and realistic advice that will help give you certainty at a difficult time. Here, we explain how your rights differ, depending on whether you are living together, have a cohabitation agreement, are in a civil partnership or married.

What is same sex divorce?

Same-sex divorce is the process of ending a same-sex marriage or civil partnership in the same way as a heterosexual divorce. The process and the legal considerations are largely the same as those in a traditional divorce, but there may be some specific issues to consider, such as the division of pension rights and property.

Ending a marriage for same sex couples

If your marriage is legally recognised in England and Wales (including same sex marriages) and your relationship breaks down, you might want to start divorce proceedings. Our experienced same sex divorce lawyers offer all of the legal advice and support you need to protect your interests and those of any children you may have together.

Same sex divorce in England does have many of the same requirements and processes as divorce in an opposite sex marriage, but there are some differences. Experienced same sex marriage lawyers can talk you through exactly what you need to know. See our separate divorce page for more information.

If living together/cohabitating

If you are living together and subsequently break up, the law does not provide a great deal of protection. This is why it may be a good idea, if yours is a long-term relationship, to enter into a cohabitation agreement (sometimes also known as a living together agreement).

Such an agreement can offer you and your partner confidence with the way in which property and other financial matters will be dealt with while living together and in the event that the relationship breaks down. A properly drafted cohabitation agreement can also offer civil remedies in relation to certain aspects if there is a dispute.

If you want to live together without making a cohabitation agreement or entering into a civil partnership, it may be appropriate sensible to have legally enforceable agreements covering property or major assets you have bought together. Then, if your relationship ends, you will each know where you stand in terms of the property and/or assets, and what your share will be.

We can explain how this works and draw up the legal documents for you. We can also advise on what happens to the money if you had a joint bank account.

If you have children, the situation is rather more complicated. Parental responsibility laws mean you must make decisions about your children’s living arrangements, health, education and welfare jointly. If you are the same sex partner of a child’s parent, you may have parental responsibility. This will affect your rights and responsibilities regarding contact with the child and providing financial support for them, if your relationship has ended.

Since this can become complex, we strongly recommend you talk to experienced same sex marriage lawyers first, such as the team at Moore Barlow.

Ending civil partnerships for same sex couples

A civil partnership has very similar legal status to marriage, so if your relationship has broken down, you can dissolve a civil partnership in much the same way as married couples obtain a divorce. It is important to take advice from experienced same sex divorce lawyers if you are considering this route, to help protect your interests.

You will need to show the court that you have been in a civil partnership for longer than a year and prove to the court that your civil partnership has irretrievably broken down by virtue of either:

• The other party’s behaviour
• Two years’ separation with the other person’s consent
• Five years’ separation without consent
• Desertion for two years or more

Unlike opposite sex divorces, adultery is not a factor that can be relied upon in a same sex divorce or civil partnership dissolution.

Stages for dissolving a civil partnership

The petitioner (the person wanting to end the civil partnership) files a petition at court for the dissolution of the civil partnership. As well as preparing the petition, your lawyer will also prepare a Statement of Reconciliation. This confirms that you, as Petitioner, and your solicitor have discussed the possibility of reconciliation. The petition, statement and fee for the petition are all sent to the court.

The court will send a copy of the sealed petition, together with an Acknowledgement of Service, to the Respondent, who is the other person in the partnership. The Respondent completes the acknowledgement and returns it. If they accept the stated grounds for dissolution and do notintend to defend it, their role in this process comes to an end.

The petitioner then files a statement in support of the petition and asks the court to grant the first order within the dissolution process, which is a conditional order. After six weeks and a day, the petitioner can apply for a final order and the civil partnership is officially dissolved.