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Is Divorce The Same For Same-Sex Couples?11th Feb 2024

by Anna Burton on 11th Feb 2024

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Same-Sex Divorce and Civil Partnership Dissolution.

Same-sex marriage became legal in the UK in 2013. Previously the grounds for divorce remained the same for all married couples, save for one exception. Adultery could only be cited as a legal reason for divorce when someone had had an affair with a member of the opposite sex.

However, the introduction of no fault divorce in April 2022 removed the blame from the process.  Separating couples can now divorce without having to blame each other for no reason. No fault divorce became available from 6 April 2022.  There is now only one single ground for divorce which remains; irretrievable breakdown of the marriage or civil partnership.

The legal framework for divorce in the UK now applies equally to all married couples, regardless of their sexual orientation.

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No Fault Divorce

No fault divorce helps to remove conflict from the process. This is also likely to greatly benefit the children who can get caught up in the parental conflict. Their needs are always the main priority for the family courts.

But no fault divorce it is not a magic wand. While this change in the law is extremely welcome, it would be unrealistic to hope that can it remove all the conflict from the process.

Getting divorced or dissolving a civil partnership involves two distinct and separate legal processes:

  1. The divorce/dissolution – the legal ending of your marriage/partnership
  2. Resolving the finances – dividing up the assets and liabilities that accrued during the marriage/partnership.

And in our experience as family lawyers, many couples’ biggest arguments occur in the second stage. You can’t rely on no fault divorce to solve that for you (though removing blame at the earlier stage is always helpful). It is the responsibility of you and your former partner to agree who gets what.

Our lawyers can help you to get divorced as quickly, cost effectively and as painlessly as possible – enabling you to get your life back on track and move on. 

Further Reading

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Book a free phone chat or fixed fee meeting – or contact Family Law Solicitor Anna Burton for more information, 01202 338800.

This document is not intended to constitute and should not be used as a substitute for legal advice on any specific matter. No liability for the accuracy of the content of this document, or the consequences of relying on it, is assumed by the author. If you seek further information, please contact Managing Partner Neil Andrews at Coles Miller Solicitors LLP.