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While same sex couples had long been treated differently by the law in England and Wales, this changed in 2005.
From 2005, same sex couples have been permitted to enter civil partnerships. In 2013, the law evolved again to allow same sex marriage. Since then, every family and divorce law change has treated heterosexual and homosexual couples equally.
This means the process by which a married, same sex couple can divorce is exactly the same as for a married, heterosexual couple. Civil partners, meanwhile, ‘dissolve’ their partnership in dissolution proceedings which are, to all intents and purposes, the same as divorce proceedings.
Separating same sex couples who were civil partners - but then converted this relationship into a marriage - should obtain both a dissolution and a divorce.
While the legal process by which same sex couples can divorce in the UK is relatively straightforward, complications can occur when there is an overseas dimension to the end of a relationship.
There remain parts of the world in which the rights of same sex couples are not respected. As such, same sex couples may face complexities dealing with, for example, issues related to children who live across jurisdictions; or financial arrangements in which assets are kept overseas.
Peters May has long experience working with clients in same sex relationships. We have deep knowledge of the law in this area and understand the unique issues that can occur.
