Since the legalisation of same-sex marriage in England and Wales in 2014, followed by Scotland the same year and Northern Ireland in 2020, LGBTQ+ couples have had the same legal right to marry and divorce as opposite-sex couples.
Equal Legal Grounds, Different Lived Realities
Same-sex couples now go through the same divorce or dissolution process as heterosexual couples. Since the introduction of no-fault divorce in April 2022, either party can apply to end the marriage without needing to assign blame. The same applies to civil partnerships.
However, while the law is now largely equal, the application of it can present unique issues for LGBTQ+ couples, especially where parental rights, financial disclosure, or international elements are involved.
Key Considerations in Same-Sex Divorces
1. Parental Rights and Child Arrangements
Parental status is often more complex in LGBTQ+ families, particularly if children were born via surrogacy, donor conception, or from previous heterosexual relationships.
- Legal Parenthood: In cases where one partner is not the biological or legally recognised parent, they may need to seek parental responsibility through a court order.
- Child Arrangements Orders: Courts prioritise the child's welfare, but assumptions around biological ties can complicate matters. Ensuring both parents’ involvement may require experienced legal representation.
2. Financial Settlements
Same-sex couples are entitled to the same financial remedies as any other divorcing couple, including division of property, pensions, and spousal maintenance. However, because many LGBTQ+ couples cohabited for years before legal marriage was available, arguments over non-matrimonial assets can be more frequent and nuanced.
- If substantial assets were acquired before marriage or civil partnership, they might not automatically fall into the ‘marital pot’.
- Cohabitation, even long-term, still lacks legal status, which can disadvantage a financially weaker party without a formal agreement in place.
3. Civil Partnership Dissolution
While marriage and civil partnership are now legally aligned, dissolution of a civil partnership follows a slightly different legal procedure, though the financial outcomes are comparable.
It’s important to note that converting a civil partnership to a marriage may affect how the court views the duration of the relationship for financial purposes.
4. International Aspects
For couples with international elements, such as marriages abroad or dual nationalities, issues can arise around whether the UK recognises the union or its dissolution. Some countries still don’t recognise same-sex marriage, which can make divorce legally complicated or even impossible without UK court intervention.
Supporting You Through a Compassionate Divorce
LGBTQ+ divorce isn’t just about the legal paperwork, it’s about protecting families, ensuring fairness, and helping individuals move forward with dignity and support. At HPLP Solicitors, our lawyers understand the sensitivities and specifics of same-sex relationship breakdowns and provide clear, inclusive advice tailored to your unique situation.