Same Sex Marriages

Dissolution of a Civil Partnership

A petition can be filed 12 months after the initial registration of a civil partnership but one of four conditions must be proved:

  • The other person has behaved unreasonably;
  • The parties have been separated for two years and the other party consents in writing;
  • The other party has deserted you for a period of two years;
  • You have been separated for five years, consent is then not necessary.

Financial Claims

The court has the power to make a financial order for payment of a lump sum, transfer of property, pension sharing order and maintenance.

On the death of a civil partner the rights of succession are the same as those given to the survivor of a marriage.

When relationships break down it is a very sad and difficult time for not only the parties concerned but close members of the family and friends. We can help you through the process offering guidance and support and helping you achieve the best possible outcome.

Marriage (Same Sex Couples) Act 2013

This act makes provision for same sex couples in England and Wales. It makes marriage between same sex couples lawful and equivalent to a marriage between a man and woman. The term husband will include a man married to another man. The term wife will include a woman married to another woman.

Persons of the same sex will not be able to divorce on adultery or have their marriage annulled for non-consummation.

The grounds for divorce between a same sex couple are the same as those between a man and a woman save a divorce cannot be filed on the basis of adultery. There is one ground – that the marriage has broken down irretrievably and then one or more of four facts needs to be proved:

  • Unreasonable behaviour of the other person;
  • Desertion by the other person for a period of two years or more;
  • Two years separation with the other party’s consent in writing;
  • Five years separation where no consent is needed.

In a same sex marriage, the parties have the same rights to make an application for financial provision. The court has power to make an order for maintenance, lump sum, transfer of property and pension provision.

We can help you in your application for a divorce or in an application for finance. In addition we can also help you regarding the arrangements for your children.

For more information, please speak to a member of our team.