Civil Partnership And Same Sex Marriage: What’s The Rate Of Divorce?

Year Published: 2017

The most recent divorce figures for same sex marriage during 2016 in the UK have just been released and reveal that there has been a jump from *22 divorces to 112 divorces in just one year.

This was only the second year that divorce for same sex married couples has been possible.

In March 2014 same sex marriages were introduced and following this 2015 saw the first divorces of same sex couples take place, with 12 female and 10 male couples divorcing that year. However, in comparison to these figures, the new figures show that 78% of same sex divorces involved female married couples.

Following a history of prejudice and persecution towards those in same sex relationships, the Civil Partnership Act 2004 became law in November 2004 with the first civil partnerships entered into on the 5th December 2005.

Thereafter followed the Marriages (Same Sex Couples) Act 2013, with the first same sex marriages taking place on 29th March 2014.

From 10th December 2014 those already in a civil partnership have had the ability to convert their civil partnership to one of marriage via appointment and declaration before the Superintendent Registrar.

How does same sex divorce differ to heterosexual divorce?

The LGBT+ community has a more public presence than ever before and that is to be celebrated.

However, even the most loving and secure relationships can go wrong. Expectations can go unmet and incompatibility can lead to conflict and unhappiness in same sex relationships, as in heterosexual relationships.

Thankfully if your marriage or civil partnership irretrievably breaks down, you have the scope to resolve issues involving finances, property and children through the use of court orders as you would with a heterosexual marital breakdown.

In terms of the reasons for the divorce or dissolution itself, it is not possible to petition on the basis of adultery, as the terminology relates only to heterosexuality. In practice this is not an impediment as an inappropriate relationship with another can be used as an example of unreasonable behaviour, and a divorce or dissolution can be pursued on that alternative basis.

For more information on same sex divorce or any other family law matters, please contact our Family Law team on 0161 475 7676.

*Figures in this blog are taken from the Office for National Statistics’ report.

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